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GATT Library | rf395gy5240 | Proposed Negotiations between the United States and Cuba relating to Preferences : Note from the U.S. Delegation. Corrigendum | General Agreement on Tariffs and Trade, April 4, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 04/04/1951 | official documents | GATT/CPS/2/Corr.1 and GATT/CPS/1-7 | https://exhibits.stanford.edu/gatt/catalog/rf395gy5240 | rf395gy5240_90330204.xml | GATT_140 | 113 | 773 | GENERAL AGREEMENT ON TARIFFS AND TRADE LIMITED C
LES TARIFS DOUANIERS ET LE COMMERCE GATT/CPS/2/Corr.1
4 April 1951
BILINGUAL
CONTRACTING PARTIES
Special Session
Proposed Negotiations between the United States
and Cuba relating to Preferences
Note from the U.S. Delegation
CORRIGENDUM
Insert in the 4th line of the last paragraph, after the word "preference"
the words "should the two countries decide to enter into such negotiations."
Proposition portant ouverture de negociations
ontre les Etats-Unis d'Amerique et Cuba au sujet de
prefeences
Note de la Delegation des Etats-Unis
Inserer a la 5eme ligne du dernier paragraphe, apres le mot "actuelles"
les mots "dans le cas ou les deux pays decident d'entamer de telles
negociations. " |
GATT Library | vy507vd8395 | Proposition portant cuvertude de négociations entre les Etats-Unis d'Amérique et Cuba au sujet des préferençes : Note de la Délégation des Etats-Unis | Accord General sur les Tarifs Douaniers et le Commerce, March 30, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 30/03/1951 | official documents | GATT/CPS/2 and GATT/CPS/1-7 | https://exhibits.stanford.edu/gatt/catalog/vy507vd8395 | vy507vd8395_90330211.xml | GATT_140 | 648 | 4,092 | RESTRICTED LIMITED D
CORD GENERAL SUR LES TARIFS AGTT/CPS/2
tUANIERS ET LE COMMERCE 30 mars 1951
FRENCH
PARTIES CONTRACTANTES
Session extraordinaire - 1951
Proposition portant cuvertude de négociations
entre les Etats-Unis d'Amérique et Cuba au sujet des
préferençes
Note de la Délégation des Etats-Unis
Avant l'entrée en vigueur de l'Accord général, pendant plus de quarante
ans, les produits cubains importés sur le territoire des Etats-Unis d'Amérique
et les produits des Etats-Unis importés sur le territoire de Cuba étaient ad-
mis ave une marge de preference de 20 pour cent ou plus par rapport au taux
minimum en vigueur dans chacun des deux pays, Cette marge de préférence était
applicable à tous les produits autres que ceux admis en franchise en provenance
de tous les pays.
Certaines des préférences on question ont été éliminées lors de la Con-
férence de Genève su l'on a négocie des taux minimums equivalents ou inférieurs
aux taux préférentiels en vigueur le 10 avril 1947.
Cet Accord exclusif comporte également des dispcsitions conoernant les
préférences applicables au commerce entre les deux pays lorsqu'il s'agit de
produits qui ne sont pas repris dans leurs listes. Sous réserve des prinsi-
pes énumérés a l'article 17 du Projet de Charte instituant une Organisation
international du Commerce, élaboré a Geneve, les preferences en question
doivent etre maintenues en vigueur par chaque pays . l'egard de produits de-
termines de 1 autre pays qui ont ete imports on 1937, en 1939, en 1944 ou en
1945. Toute preference est eliminee en ce qui ecnoerne les articles qui ne
sont pas designes dens la Partie II d'une liste ou qui n'ont pas ete importes
au cours de l'une des annees precitees. Les critores permettant de determiner
s'il y a lieu de maintenir les preferences en vigueur etaient de caractere ge-
neral, car l'on ne disposait pas, lors des negociations de Geneve, du temps
suffisant pour etudier de façon tres approfondie tout l'ensemble des changes
entre les deux pays. Toutefois, chacun des deux gouvernements a etabli depuis
lors quels produits de l autre pays ont ete importes au cours des periodes pre-
citees et a publie une liste des produits pour lesquels les preferences sont
maintenues en vigueur et une liste de ceux pour lesouels elles sont eliminees.
Les Gouvernements de Cuba et des Etats-Unis d'Amerique envisagent actuel-
lement de negocier en vue de l'elimination de la categorie des produits qui
ne sont pas designes dans l'Accord general, pour lesquels les preferences sont
maintenues sur la base des echanges de ces produits qui ont eu lieu au cours
de l'une des annees precitees. L'on projette que tout produit de cette cate-
gorie, sur sequel les deux parties sont convenues qu'il represente un interest
particulier pour le pays expcrtateur, puisse etre repris dans la Partie II de
la liste correspondante, et que soit consolide le taux actuellement applicable
aux produits de l'autre pays ou tout autre taux plus eleve qui serait cependant
inferieur au taux du tarif minimum. L'Accord exclusif serait alers modifie pour
que le tarif minimum fut applicable a tous les produits qui ne sont pas desi-
gnes dans les listes. GATT/CPS/2
page 2
Il est demande aux Parties Contractantes (1) d'adopter la proposition
d'une telle negociation entre les Etats-Unis d'Amerique et. Cuba visant a re-
prendre, ainsi qu'il est indique ci-dessus, de nouveaux produits dans la Par-
tie II des Listes IX et XX sans relevement des marges de preference actuel-
les; (2) de charger le Secretaire executif de distribuer le texte de tout
projet de modification des Listes IX et XX qui en decoulerait et qui pourrait
etre seumis conjointement par les gouverements de Cuba et des Etats-Unis d'Am
rique a toutes les parties, etant bien entendu que les listes
pourrarent etre appliouees telles qu'elles auront ete modifiées si le Secreta-
riat n'avait reçu aucune objection a l'expiration du trentieme jour a compter
de celui de la distribution. |
GATT Library | hx728kr3385 | Provisional agenda for the Sixth Session of Contracting Parties : (Revision) | General Agreement on Tariffs and Trade, September 13, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 13/09/1951 | official documents | GATT/CP.6/1/Rev.2 and GATT/CP.6/1-8 | https://exhibits.stanford.edu/gatt/catalog/hx728kr3385 | hx728kr3385_90070302.xml | GATT_140 | 793 | 5,609 | RESTRICTED
GENERAL AGREEMENT ON LIMITED B
TARIFFS AND TRADE GATT/CP.6/1/Rev. 2
IND TRADE 1~~~~~3 September 1951
. .ORIGINAL:NGISH
CNTRACTING PARTIES ....... .. ' . .
Sixth Se io. .,4.
PROVISIONAL AEN&
F THE SIXTH SESSION4 F E C0TCTNG PARTI. ES
.. *-(Revision)
The following is the agenda proposed for the Sixth Session of t
CONTRACTING PARTIS which will be held at Geneva, Tmopening meeting will.
take place in Salle V in the Palais des Nations at3.00 p m. on17th September
1951 . . .
ADOPTI OF AGENDAS . ; . . **.
2 ATTNAE OF OBSERVS. Request from the European Customs Union.
Stuy Group (GATT/C0/8).
3 . RESOLUTIONSS MUT BY :THE NT1MATINA CHAN= W C
(GATT/CP.6/7 & Add. 1.) . .
4. . BALANCE-F-PAYT RESTRICTIONS ; ---
(a) Review of restrictions appied under Article XII and Second
AniA Report on the Discriminatory Application of Restrictions
under Article XIV (GATT/P.6f2) '
(b) Preparations for the third annual report on discriminatory
applications of quantitative restriction,
(c) Prcedures for c.nsultations. March 1952 under paragraph
g8)of article XIV (GATT/0C.6/19).
5. HIP OF THE IMF AND SPECIAL EXCHANGE A WT
(GATT/CP 6/18)
(a) Report bthe Chaimah o action taken in accordance,
with thsrocedural-arrngements in GATT/CPs5/44,para 9.
* . .;. . .. , . ;a ., .....;!. .a * -a .1. ;'
(b) Preparations for report by the Contracting Parties on
ehange restrictions in force under para. 1 of Article XI
f the Special Exchange Agreaents with Haiti and Indonesia.
() Action required O Burma, Liberia and new ootractihg
w ^ parties" , * . GATT/CP.6/1/Rev. 2
Page 2. ;
ARRANGEMENTS 6ORT THE FCU#.MINI CRATION OOID THE AGREEMENT HS7*Ti W, 1TF @
R...><TgQ79 and SIt.5)
(a) Consideration of the anqunestommiione, of a stdig itt .
including rulATes of procanedureesit (GT/CP.6/9) d th e'
(GATT/CP.617)
(nb) Secretnari afi-cnlfrerc services for the Contracting
P.6/1a.rties (TT/P643 .
9.S ;...--* .st.- *-
7. EJMTOF THE AGSMZ2T.TO INUDEARTICLIE 3, 4 AND 6 OF THE
HAVANA CHARTER (Ite-mc proAaapoP.sed by Norway f.TT/C5/23 arnd.SR.10)
8. 9iECMONSD1I)ATIO OF THE TIE LIMIT FIXED INX PART II OF ARTICLE X
(S,.1R,f. !I/.532 and 1bL) .
TION9.AGREEMENT TRIFF NEGOTI4- N (Item proposed by the United
States) (GATT/CP.6/2). ; ;
10E UN . RSHEESUTS ?WNEGI4TION UNMi ARTLE XXVIII WEICH{ WJE -tFNIoID
TAT TORQ1UAY (GATT/CP/10 and U9 and Add. 1, 2 3 and GA¶ETP.6/i4)
11 .STATUS OF..OTOCOLS AND SCHEDUES (GaTT/Pv6/20.
12. l TORQUAY PROTOCOL - Requests by Demark and Phiippines for an
ExteAnsion. of Time in which to sign the rotocw (G4T/CPo66 and.
GATT/CP.6/6/Add. 1)
; 4. *P*8.*f s'
:. - GE AND dtiECX SDS OF HE WITEDOItENGD01 -Transpson
P/101 and Add.1 andnto.russels Ccavqntsi c1&tz'e t(/
T/CP.6A6; ' a
14. RECTIFIC OF. SCHEDULES .- Reuests of Brieluenmark,, France,
CGree4ce, Pak.istan, Sweden and the United Kingdn (GATT/oP6/A Add 1).
1E5. -COSOLIDATION OF G6VA ..iC ANDTCWRQU41CHHDES Aproval of
text for publication (GATT/CP.6/21)
~~~~ . .* . *. .
16. REPORT OF INTERSESSIOL WORKING PaRY ON TIM THDRWAL QF
CONCSSIONS UNL IT1 126 (a) OF SCMEDULE X GiXTT/CP06).
17 JUSTRENNfQWF CETkIN CUST T FOI'ORTS, INTO FiMCHJEST
RI6 (em proposed by France).
Report by the U.K on action since 9 *- . *. .* s;.
/SR.20). SE TA - Report by the UAK. on action since the
19 .IAN AM .-.iesures - b. the,4 Grment of razi
sincAe'h'Fifth Seisin '(itmproposed by.France- 9 cfGkTT/CP.537
and SR21),
20. THEOVWERIA BELGIAN TAX (LLOChION FALIZLE)FFECTING NuIWXXPRTS
(Item proposed by Norway) GATT/CP.6/1/ev. 2
Page 3.
21. TERMINATION OF OBLIGATIONS BETWEEN THE UNITED STATES AND
CZECHOSLOVAKIA (Item proposed by the United States) (GATT/CP.6/5 and
Add.1).
22. SOUTH AFRICA - SOUTHERN RHODESIA CUSTOMS UNION, SECOND ANNUAL REPORT
(GATT/CP/121 and Secretariat paper to be distributed).
23. NICARAGUA - EL SALVADOR FREE TRADE AREA, Examination under Article XXIV
(GATT/CP/104 and Add. 1 and Secretariat paper to be distributed).
24. REPORT OF INTERSESSIONAL WORKING PARTY OF THE DISPARITY OF EUROPEAN
TARIFFS (cf. GATT/CP.5/5 and SR. 4 and GATT/CP.6/3).
25. REPORT ON INCOME AND EXPENDITURE; CONSIDERATION OF THE ESTABLISHMENT
OF A WORKING CAPITAL FUND (GATT/CP.6/15) AND BUDGET FOR 1952
(GATT/CP.6/10).
26. PUBLICATION OF GATT DOCUMENTS - Consideration of a list to be
submitted by the Secretariat.
27. PUBLICATION OF A THIRD PROGRESS REPORT OF THE OPERATION OF THE
AGREEMENT.
28. OTHER BUSINESS.
Note -The following items proposed by the Governments of Haiti and
South Africa were received too late for inclusion in the
Provisional Agenda and therefore their acceptance for the
Agenda of the Session will have to be considered under
Rule 4:
ITEM PROPOSED BY HAITI - APPLICATION UNDER ARTICLE XXIII RELATING TO
WITHDRAWAL OF ITEMS 1021(1) AND 1021(3) FROM GENEVA SCHEDULE XX (U.S.)
(GATT/CP./115/Add. 2)
ITEM PROPOSED BY SOUTH AFRICA - INCORPORATION IN SCHEDULES XVIII AND
XXXIII OF THE CONCESSIONS EXCHANGED BY SOUTH AFRICA AND GERMANY IN
TARIFF NEGOTIATIONS CONDUCTED IN AUGUST 1951. (GATT/CP.6/22).
? |
GATT Library | hw284mh9141 | Provisional agenda for the Sixth Session of the Contracting Parties | General Agreement on Tariffs and Trade, August 24, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 24/08/1951 | official documents | GATT/CP.6/1/Rev.1 and GATT/CP.6/1-8 | https://exhibits.stanford.edu/gatt/catalog/hw284mh9141 | hw284mh9141_90070301.xml | GATT_140 | 0 | 0 | |
GATT Library | sv889jh6152 | Provisional agenda for the Sixth Session of the Contracting Parties | General Agreement on Tariffs and Trade, August 24, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 24/08/1951 | official documents | GATT/CP.6/1/Rev.1 and GATT/CP.6/1-8 | https://exhibits.stanford.edu/gatt/catalog/sv889jh6152 | sv889jh6152_90070301.xml | GATT_140 | 648 | 4,660 | RESTRICTED
GENERAL AGREEMENT ON LIMITED B
GATT/CP.6/1/Rev.1
TARIFFS AND TRADE 24 August 1951
ORIGINAL :ENGLISH
CONTRACTING PARTIES
Sixth Session
PROVISIONAL AGENDA
FOR THE SIXTH SESSION OF THE CONTRACTING PARTIES
The following is the agenda proposed for the Sixth Session of the
CONTRACTING PARTIES which will be held at Geneva. The opening meeting
will take place in the Palais des Nations at 3.00 p.m. on 17th September
1951.
1. ADOPTION OF AGENDA
2. ATTENDANCE OF OBSERVERS. Request from the European Customs Union Study
Group (GATT/CP.6/8).
3. RESOLUTIONS SUBMITTED BY THE INTERNATIONAL CHAMBER OF COMMERCE
(GATT/CP.6/7).
4. BALANCE-OF-PAYMENT RESTRICTIONS (GATT/CP.5/42 and SR.21)
(a) Review of restrictions applied under Article XII and Second
Annual Report on the Discriminatory Application of Restrictions
under Article XIV (GATT/CP/89) (A draft will be distributed).
(b) Preparations for the third annual report on discriminatory
application of quantitative restrictions.
(c) Procedures for consultations-in March 1952 under paragraph 1(g)
of Article XIV.
5. MEMBERSHIP OF THE IMF AND SPECIAL EXCHANGE AGREEMENTS
(a) Report by the Chairman on action taken in accordance with the
procedural arrangements in GATT/CP.5/44, para. 9 (To be
distributed) .
(b) Preparations for report by the Contracting Parties on
exchange restrictions in force under para. 1 of Article XI
of the Special Exchange Agreements with Haiti and Indonesia
(GATT/CP/96 & Add.1).
(c) Action required of Burma and Sweden (GATT/CP.5/44, para. 3),
Liberia (GATT/CP.4/41/Rev.1, para.18) and new contracting
parties (GATT/CP.3/44, Resol.1). GATT/CP.6/1/Rev. 1
Page 2.
ARRANGEMENTS FOR THE CONTINUING ADMINISTRATION OF THE AGREEMENT
(GATT/CP.5/49 and SR. 25) - Proposed rules of procedure for a standing
committee and a site study for Geneva will be distributed.
7. AMENDMENT OF THE AGREEMENT TO INCLUDE ARTICLES 3, 4, AND 6 OF THE
HAVANA CHARTER (Item proposed by Norway).
8. RECONSIDERATION OF THE TIME LIMIT FIXED IN PART II OF ARTICLE XX
(GATT/CP. 5/32 and SR.16).
9. TARIFF NEGOTIATIONS ARRANGEMENTS (Item proposed by the United States)
(GATT/CP.6/2) .
10. RESULTS OF NEGOTIATIONS UNDER ARTICLE XXVIII WHICH WERE UNFINISHED AT
TORQUAY (GATT/CP/107 and 119 & Add.1, 2 & 3).
11. STATUS OF PROTOCOLS AND SCHEDULE (A paper will be issued by the
Secretariat).
12. TORQUAY PROTOCOL - Requests Denmark and Philippines for an Extension
of Timand e Ain wh.ich/ to. s.ign the Protcol (GATT/CP.6/6 LG.T/CPI/6bddi),
13 TIG0E7AAND -ANNECsY SCHEDULES OF THE UNITED KINGDOM Tranqposiion into
Brus1sels Con.vention Nomenclature (GATT/CP/10 and Add 1).
14. RECTIFICATION OF SCHEDLES - Requests of Benelux, Denmark, France, Greece,
Pakistan and Sweden.
15. CONSLIDATION OF GrVAv, NNECY AND TORQUAY SCHEDULES - Approval of text
for publication (GAT.T/CP5/45 and SR'24, and CP/95 & Addo1, 2, & 3).
6 REPORT OF INTERSESSIONAL WORONCKING PARTY ON THE WITHDRAWAL OF CCCSIONS
UNDERT ITEM 1526 (a) OF SCHEDULE XX (GAT/CP/106).
17. ADJUSTMNTM OF CERTA' CUSTOMS DUTIES FOR IliRTS INTO FRENCH WEST AFRICA
(Item proposed by rance)
18 UNITED KINGDOM4PURCHASE TAX - Report by the U.K onKaction since the
Fi.fth session (GATT/CP5/SRa0),
9, BRAZILIAN INTERNAL TAiC - MenVasures taken by the Goverrmt of Brazil
since the Fifth Session (Item proposed byFrance). (GATT/CP.5/37 and SR.21)
20 THE BAMELGIAN TAX (ALLOCATION FiLIALE) AFFECTING NORWEGIAN EVPORTS
(Item proposed by Norway).
21. TERMINWEEATION OF OEDLIGATEIONS BETl THE UNIT)STATi AND CZECHOSLOVAKIA
(Item Stsproposed by t.he U.nitedates) (GATT/CP6/5)
22. SOUESIA TH AFRICA-SOUT,HEERN RHSI CUSTOMS UNION SCOND ANNUAL REPORT
(GATT/CP/121). /, GATT/CP.6/1/Rev.1
Page 3.
23. NICARAGUA-EL SALVADOR FREE TRADE AREA, Examination under Article XXIV
(GATT/CP/104 & Add. 1).
24. REPORT OF INTERSESSIONAL WORKING PARTY ON THE DISPARITY OF EUROPEAN
TARIFFS.
25. REPORT ON INCOME AND EXPENDITURE; CONSIDERATION OF THE ESTABLISHMENT OF
A WORKING CAPITAL FUND (GATT/CP.5/28 and SR.15); AND BUDGET FOR 1952
(The Report and Budget Estimates will be distributed).
26. PUBLICATION OF GATT DOCUMENTS- Consideration of a list to be submitted
by the Secretariat (GATT/CP.5/43 and SR.26).
27. PUBLICATION OF A THIRD PROGRESS IMPORT ON THE OPERATION OF THE
AGREEMENT (A draft will be distributed).
28. OTHER BUSINESS.
' t 7 , ,.
F-77 --r --
. 1 7-M-1-1 |
GATT Library | rv288ss6443 | Provisional agenda for the special session of the Contracting Parties : on 29 March, 1951 | General Agreement on Tariffs and Trade, March 14, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 14/03/1951 | official documents | GATT/CP/102 and GATT/CP/102+Rev.1 | https://exhibits.stanford.edu/gatt/catalog/rv288ss6443 | rv288ss6443_90300377.xml | GATT_140 | 137 | 960 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
RESTRICTED
ACCORD GENERAL SUR LlMITED B
GATT/CP/102
LES TARIFS DOUANIERS 14 March 1951
ET LE COMMERCE
CONTRACTING PARTIES
Special Session
PARTIES CONTRACTANTES
Session extraordinaire
PROVISIONAL AGENDA FOR THE SPECIAL SESSION OF THE
CONTRACTING PARTIES
on 29 March, 1951.
1. Election of Chairman and Vice-Chairman.
2. Adoption of .Agenda.
3, Consideration of the problem of the dis-parity of Europe.an tariffs.
( GATT/CP/103)
4. Questions concernin, the Torquay Protocol.
5, Cther business.
ORDRE DU JOUR PROVISOIRE DE L. SESSION EXTRAOEDINAIRE
DES PARTIES CONTRACTANTES QUI S'OUVRIRA
LE 29 MARS 1951
1. Election du President et du Vice-President.
2. Adoption de l'ordre du jour.
3. Examen du probleme que pose la disparuite des tarifs . europeens.
(GATT/CP/103)
4. Questions concernant le Protocole de Torquay.
5. Questions diverses.
._
__
2?? ?? m
I ?? ?? |
GATT Library | mb350nw1247 | Quantitative import and export restrictions. Addendum. : Note by the Executive Secretary on the statements submitted by Contracting Parties in response to GATT/CP/93 | General Agreement on Tariffs and Trade, October 20, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 20/10/1951 | official documents | GATT/CP/93/Add.1 and GATT/CP/93+Add.1,+Add.1/Corr.1-3 | https://exhibits.stanford.edu/gatt/catalog/mb350nw1247 | mb350nw1247_90300346.xml | GATT_140 | 4,602 | 30,460 | RESTRICTED
GENERAL AGREEMENT ON LIMITED C
GATT/CP/93/Add.1
TARIFFS AND TRADE 20 October 1951
ORIGINAL :ENGLISH
CONTRACTING PARTIES
QUANTITATIVE IMPORT AND EXPORT RESTRICTIONS
ADDENDUM
Note by the Executive Secretary on the statements submitted
The Contracting Parties to the General Agreement, at their Fifth Session
in November-December 1950 (GATT/CP.5/SR.21 and 25), decided to invite the contracting
parties to submit statements describing the quantitative import and export
restrictions they maintain under various articles of the Agreement which provide
exceptions to the general rule for the elimination of quantitative restrictions
in Article XI, As restrictions applied for balance-of-payment reasons, under the
provisions of Article XII, were to form the subject of a separate inquiry such
restrictions were not to be included in these statements, Contracting parties
were also not expected to furnish any information the disclosure of which they would
consider contrary to their security interests.
By document GATT/CP/93, of 11 January 1951, the contracting parties were asked
to submit a description of each measure of restriction and of the methods used
in its application, and a list of the products to which each measure is applied,
These statements were to reach the Executive Secretary not later than 17 June 1951.
Up to 15 October, statements have been received from the following 20 governments,
and copies have been distributed to all contracting parties: (1)
Australia Germany Pakistan
Belgium India(2) Southern Rhodesia
Canada Italy Sweden
Ceylon Luxemburg Union of South Africa
Denmark Netherlands Unit ed Kingdom
Finland New Zealand United States
France (2) Norway
(1) In addition, the Government of Czechoslovakia has replied that Czeohoslovakia
does not maintain any quantitative restrictions on imports or exports such an
those described in GATT/CP/93
(2) The statement deals with expert restrictions only. GATT/CP/93/Add.1
Page 2
The Contracting Parties instructed the Executive Secretary to study the
statements received and to submit material which might be of interest to them.
With this object in view these notes on the contents of the statements have
been prepared.
Contracting parties are permitted, under various provisions of the
Agreement, to maintain or establish quantitative restrictions on imports
or exports for certain specific purposes and in defined circumstances. Some
restrictions which are thus permitted may be permanent while others are
allowed only for a temporary period. Articles XI to XXI contain the relevant
provisions,
In their invitation to governments to submit statements of the restric-
tions which they maintain, the Contracting Partiesdid not ask for the justifica-
tion of each measure in terms of the Agreement. Nevertheless, upon examining
the information contained in the statements received, it appears that the most
convenient way of describing the various measures is to classify them in
accordance with the purposes they are intended to serve. The classification
which follows does not relate the purposes to the provisions of the Agreement;
moreover it is of a tentative character since some statements contain more
information than others and the purpose of the measures is not always stated.
1. To protect health, morals copyright, etc.
2. .To prevent importation of the products of prison labour, counterfeit
money, etc.
To protect quality, standards and specifications.
To ensure the use of correct trade descriptions.
To control the volume of imports, in connection with internal regu-
lations affecting the control of prices, the grant of subsidies the
earnings of producers and marketing arrangements.
To control the end-use of imported products.
To assist other countries in the enforcement of their export controls
To protect the breed of animals.
To protect domestic industry or agriculture,
3.
4.
5.
6,
7.
8.
9. GATT/CP/93/Add.1
Page 3
1. To protect flora, fauna and national treasures,
2. To control the trade in arms and strategic materials.
3. To prevent trade in prohibited goods such as drugs, narcotics, gold, etc.
4. To protect qualities, standards and specifications.
5. To safeguard essential domestic requirements of products in short supply
(including both consumer goods and raw materials for industry),
6. To offset the inflationary effect of a large foreign demand.
7. To increase earnings of certain currencies.
8. To strengthen controls over payments and transfers.
9. To ensure an equitable distribution of scarce products among purchasing
countries.
10. To comply with commitments undertaken in bilateral trade agreements.
11. To assist other countries in the enforcement of their import controls.
Brief summaries of the statements received appear in the attached
annex. These have been prepared on as uniform a pattern as the varying
structure of the statements permits, They are not intended to contain reference
to all the restrictive measures in force nor do they indicate the nature or
variety of all the products affected.
It is suggested that these summries be regarded as provisional. It
will be appreciated if governments whose statements are thus summarised will
supply comments or corrections where they consider that the summaries could
more correctly or adequately reflect the principal contents of their state-
ments. GATT/CP/93/Add.1
Page 4
A N N E X
SUMMARY OF THE STATEMENTS SUBMITTED BY CONTRACTING PARTIES
DESCRIBING
QUANTITATIVE IMPORT RESTRICTIONS
(OTHER THAN THOSE IMPOSED FOR BALANCE-OF-PAYMENT REASONS)
AND
QUANTITATIVE EXPORT RESTRICTIONS
A U S T R A L I A
1. Customs Act. 1901-1950. and Regulations
Import prohibitions may be enforced on copies which would infringe
copyright, on counterfeit money, on indecent articles, on products of prison
labour, on butter substitutes etc. There are three schedules of prohibited
goods: the first are prohibited for the protection of the public, the
second for purposes of control (but consent may be obtained from the
Minister of Trade and Customs), and the third for the purposes of
controlling quality, specifications and standards.
Certain scarce commodities such as linseed, jute piecegoods and
yarn, petroleum products, whisky and tinplate are subject to import
licensing control to ensure equitable distribution within Australia
and that the purpose for which they are used will be of benefit to the
Australian economy, In addition, tea is subject to import licensing
control in connection with a system subsidising the retail price.
2. Commerce (Trade Descriptions) Act. 1905-1950 and regulations
The importation of certain goods may be prohibited in order to
protect the public unless they bear the correct trade description.
3. Sugar Agreement Act. 1946
The importation of certain products of cane sugar has been GATT/CP/93/Add.1
Page 5
prohibited in recent years in connection with a system for the stabilisation
of the return to domestic producers.
EXPORT RESTRICTIONS
1. Customs Act 1901-1950 and Regulations
Under Section 112 export prohibitions may be imposed on arms and
ammunitions flora and fauna of rare types, goods not manufactured under
prescribed standards of purity or goods the export of which would threaten
the security or revenue or result in deception.
There are seven schedules of restricted goods: the first refers to
arms and ammunition, the second to prohibited goods such as opiun, the third
to goods conserved to meet domestic requirements, such as meat products,
fertilisers, wheat, agricultural machinery, butter etch The fourth and fifth
schedules refer to goods which can be exported only with the permision
of the Ministry of Trade find Customs, these include ale and beer, coal and
coke, diamonds, rare species of animals and birds, drugs etc. The sixth
and seventh schedules relate to goods the exportation of which to certain
countries only is prohibited, e.g. flour to Eastern Canada, pork or veal
to the United Kingdom or timber to New Zealand.
2. Banking Act 1945
Under this Act no person can take or send gold out of Australia
without the consent of the Commonworth Bank. GATT/CP/93/Add.l
Page 6
B E L G I U M - L U X E M B U R G
IMPORT RESTRICTIONS
A statement has been received showing the items for which quanti-
tative restrictions on imports are imposed by the Belgium-Luxemburg
Economic Union. These restrictions appear to be based on sanitary considera-
tions or for protective purposes.
The import of horses or bovine cattle has been restricted for the
purpose of breeding only. The imports of lard and certain types of meat
and fish are prohibited. In most of the other items quantitative restric-
tions have been imposed Some of the principal items are coffee, wheat
sugar, oil cakes, ladies' stockings - silk and nylon, sole leather, coke
etc. Seasonal restrictions are imposed on the import of vegetables and
fruits.
EXPORT RESTRICTIONS
A similar statement shows items for which quantitative restrictions
are imposed on exports. These appear to be based on the necessity to
conserve goods in short supply for local production or to prevent imported
goods required for local consumption from being exported.
Export of such items as oil seeds, molasses, certain heavy chemicals,
coal tar, newsprint, cotton, jute goods, metal scrap etc. is completely
prohibited. Export quotas are fixed for other items such as wheat and
wheat flour, edible and industrial tallow, coal and coke, sugars
In the Belguan Congo and the territories of Ruanda-Urundi -
(1) Export of sugar is absolutely prohibited
(2) Export of rice and cassava is temporarily prohibited GATT/CP/93/Add.1
Page 7
CANADA
IMPORT RESTRICTIONS
Canada restricts imports of a few commodities because of an under-
taking with the United States to limit Canadian imports of certain scarce
commodities, namely certain iron and steel goods, shearlings and sulphur
and brimstone.
This control is made necessary because the United States does not
apply restrictions on exports to Canada.
EXPORT RESTRICTIONS
Export controls are designed to achieve two purposes: to ensure
an adequate supply of basic materials for industry and to control export
of commodities of strategic importance.
For the first purpose, the export of goods in short supply, including
certain types of fibres, textiles and textile products, wood and wood-
products including logs of all species, iron and steel primary products like
castings, ingots, pig-iron etc., non-ferrous metals and certain non-
metallic minerals, is controlled.
The list of goods of strategic importance, permits for the exported
tion of which are necessary for any destination other than the United States,
includes agricultural products like cotton, rubber, sugar, etc., certain
varieties of fibres and textiles, paper, iron and steel machinery non-
ferrous metals and products, arms and ammunition etc.
Export controls are also maintained by the Canadian Wheat Board to
enable it to carry out its function as the exclusive marketing agency for
western Canadian grains. GATT/CP/93/Add.1
Page 8
C E Y L O N
IMPORT RESTRICTIONS
Import restrictions have been imposed for reasons of health or
public morals or for protection of the flora and fauna of the country.
Import of dangerous goods such as explosives, calcium carbide, arms and
ammunition etc. has also been controlled.
Splints, veneers or boxes have been placed under import control in
the interest of the manufacture of matches in Ceylon,
The Government is the sole importer of rice, sugar and flour as
these are subject to rationing.
Import of black peppers coffee, sustard, etc. is controlled to
encourage the sale of local products.
The only control for revenue purposes is on the import of wireless
apparatus.
EXPORT RESTRICTIONS
The export of indigenous birds and animals, certain kinds of live
fish and eggs and forest produce is controlled "to control commercial
exploitation". The export of adulterated tea and parts of tea plants and
cinnamon is controlled to safeguard the interests of the industry concerned. GATT/CP/93/Add.1
Page 9
DENMARK
IMPORT RESTRICTIONS
import restrictions, other than those for safeguarding the balance
of payments, have been introduced for the sole purpose of safeguarding
human, animal or plant health. The regulations cover the import of
plants, seeds of Douglas spruce, honeycombs. manure, opium, morphine, etc.
EXPORT RESTRICTIONS
Searec imported commodities and reasonable quantities of local
production are reserved for home consumption. Exports are encouraged to
countries with convertible currencies rather than to those with inconver-
tible ones. Moreover, Denmark's commitments have necessitated measures to
ensure that exports are settled in conformity with existing trade agreements.
Apart from fish and fisheries products and commodities expressly
indicated, all other commodities may be freely exported,
Quota commitments to the United Kingdom and other countries
together with an existing shortage have resulted in export restrictions
on bacon, butter, eggs, grain, grain. products, feed stuffs, fertilizers,
etc. GATT/CP/93/Add.1
Page 10
F I N L A N D
IMPORT RESTRICTIONS
Import restrictions other than those for balance-of-payments
reasons are mostly for the purpose of protecting human, animal or plant
life. These relate to imports of live animals, potatoes, seeds, etc.
Quality control is imposed for import of butter, cheese, eggs and margarine.
Special regulations apply to arms and drugs.
EXPORT RESTRICTIONS
All commercial exports, except those of round wood, are subject to
licenses. Licences are issued up to the limits fixed by trade agreements,
although sometimes the limit is exceeded if foreign markets appear to
offer additional opportunities,
There is quality control on exports of dairy produce, granite,
berries etc., with a view to maintaining or improving marketing possibilities.
Arms may be exported only by special permission. GATT/CP/93/Add.1
Page 31
F R A N C E
EXPORT RESTRICTIONS
The export restrictions are generally intended to offset the results
of existing shortages due to the present international situation. These
measures are regarded as temporary and France hopes to have them replaced
by multilateral measures to ensure market stability and access to essential
products.
The export of large dogs, counterfeits of copyright books and certain
varieties of paper and cardboard is prohibited.
There are seasonal bans on the expert of game and fresh water fish
during the closed seasons.
The S.E.I.T.A. and the O.N.I.C. have export monopolies for their
own products, tobacco and matches and food grains, coarse grains and rice
respectively. GATT/CP/93/Add.1
Page 12
GERMANY
IMPORT RESTRICTIONS
There is a general ban on imports in order to safeguard the balance-
of-payments position, which however provides for the authorization of imports
in individual cames. There are also traditional prohibitions and restric-
tions to protect security interests, public morals and human, animal or
plant health. The issue of import licences depends on bilateral or
multilateral commitments and the requirements of the country itself not
covered by such arrangements.
Trade agreements also provide for seasonal restrictions in respect
of fruits and vegetables.
EXPORT RESTRICTIONS
Exports are generally prohibited under Military Government Law No.53,
but export licences are issued in individual cases,
A complete embargo is imposed on export of goods whose production
by German persons or enterprises is prohibited under Allied Commission
laws. These include materials relating to atomic energy and certain
articles, facilities, installations etc. of a strategic nature.
A number of commodities are subject to export licenses. The exports
of scrap, solid fuels, mineral oil, rolled products and rolling stock are
governed by special procedures.
There are also traditional prohibitions and restrictions to protect
security, life and health, public morals and national treasures. GATT/CP/93/Add.1
Page 13
I N D I A
EXPORT RESTRICTIONS
Restrictions on exports are maintained in order to conserve
essential supplies for internal consumption and to effect an equitable
distribution of available exportable surpluses among India's overseas cus-
tomers at reasonable prices.
The export of certain commodities (among others arms, aircraft cer-
tain drugs and chemicals, certain metals and machinery ete.) is prohibited
For most of these India depends to a large extent on outside sources,
Other commodities are licensed subject to quantitative limits. Major
commodities such as jute goods, cotton piecegoods, oils and oilseeds mineral
ores, are exported up to fixed annual targets. Other are licensed freelye
subject to availability. These include raw wool, fire cement, certain
chemicals, coal and coke, hides and skins, etc. GATT/CP/93/Add.1
Page 14
I T A L Y
IMPORT RESTRICTIONS
Imports of various items have been restricted in accordance with
paragraph 2(b) of Article XI. to the extent necessary for application of
standards or regulations for classification: grading or marketing of
commodities in international trade.
Various laws relating to different commodities are referred to.
Generally commodities the import of which is controlled include such
items as live animals, salted bacon and meat, fats, coffee, olive oil,
medicines, arms and explosives*
EXPORT RESTRICTIONS
Export restrictions are being applied in accordance with paragraphs
2(a) and (b) of Article XI with a view to preventing any possible, shortage
of goods available in limited quantities or for application of standards
for classification, grading or marketing.
Goods which are available only in limited quantities and of which
Italy is essentially an importing country are subject to quantitative export
restrictions. Meat, rice and maize, wines, essential oils, silk are sub-
ject to restrictions for the application of standards. The export of fire-
arms and explosives requires a licence. GATT/CP/93/Add.1
N E T H E R L A N D S IMPORT RESTRICTIONS
Imports are subject to veterinary and sanitary controls, Importation
of livestock, meats fish, poultry, eggs, dairy products, vegetables and
fruits is permitted on condition that they conform to certain standards
and are free from defects. Importation of cattle, horses, sheep and pigs
is allowed only for improving the breed,
EXPORT- RESTRICTIONS
Export licenses and foreign exchange permits are required for all
exports, Such licenses are i sued in the light of various factors relating
to the nature of the commodity, the extent of internal demand, quota
agreements etc. In the case of agricultural products controlled by a mono-
poly, the permission of the monopoly is also necessary GATT/CP/93/Add.1
Page 16
N E W Z E A L A N D IMPORT RESTRICTIONS
Import restrictions have been imposed through enactments such as
Customs Import Prohibition orders or Orders-in-Council, the Health Act
1920 or special regulations relating to specified commodities. It appears
that most of these restrictions are intended to protect public morals or
secure compliance with laws which are not inconsistent with the provisions
of the GATT or for protection of patents, copyrights or for purposes of
health,
The list of articles import of which is restricted contains such
items as live animals, articles which offend against the Sale of Food
and Drugs Act or Footwear Regulations Aet, live fish or poultry, citrus fruits,
vegetables, secondhand clothing, wheat and wheat preparations, dangerous drugs,
fruits and plants affected with disease. etc. Imports of firearms, indecent
documents or documents inciting violence or sedition and products of prison
labour are also prohibited.
EXPORT RESRICTIONS
Export regulations apply only to a limited range of materials in
short supply and to exports which it is necessary to control for security
reasons.
Some of the commodities subject to export control are arms and
explosives, butter and cheese, fish, fresh vegetables, seal skins, frozen
beef and veal, leaf tobacco and sheep. N O R W A Y
IMPORT RESTRICTIONS
Norwegian import restrictions are primarily due to balance-of-
payments difficulties. Restrictions on the import of some commodities
like flower bulbs, live plants and animals and butter have been imposed
for sanitary or veterinary control and special regulations cover the
importation of arms and drugs,
EXPORT RESTRICTIONS
An export licence is required for all exports from Norway.
Licences are as a rule granted automatically and there are only a few
prohibitions relating to some fats. Exports to individual countries are
allowed on the basis of quotas fixed for each under special trade agree-
ments, No exports are subject to a state monopoly. GATT/CP/93/Add.1
Page 18
PA K I S TA N
IMPORT RESTRICTIONS
All imports are controlled by the Import Trade Control Notification
No. 335/260/24 dated 12 June 1951. In order, as far as possible, to
balance trade with different currency areas, exporting countries are
classified into dollar area and non-collar areas.
Licences are of two types - Open General Licences and Specific
Licences.
Goods which are essential raw materials or consumer goods are covered
by Open General Licences, although the 'hardness' of the currency of the
exporting country is also taken into account. Open General Licences cover
nearly 70% of the import trade and a wide range of commodities,
EXPORT RESTRICTIONS
Exports are controlled in accordance with the provisions of the
Imports and Exports (Control) Act 1950. For purposes of control there are
three categories of goods: (i) goods the export of which is banned, (ii)
goods which can be exported under a licence and (iii) goods free from
control or under open general licence.
Export policy differs in respect of different classes of goods. The
licensing position of certain major items is given below:
exportable to all countries free of licence but to non-
American Account Areas, export is limited to quotas.
not subject to countrywide quotas but export licenses necessary.
cowhides., buffalo hides and sheepskins are exportable free of
licence, Raw goat skins are subject to quota restrictions for
non-American Account Areas,
exportable without licence.
exportable under licence within limit of export quota allotted,
Jute -
Cotton -
Hides and Skins - GATT/CP/93/Add.1
Page 19
SOUTHERN RHODESIA
IMPORT RESTRICTIONS
Import controls extend to a limited number of commodities and have been
imposed because of the local supply position or for reasons of quotas
allocated by supplying countries as in the case of jute products or
international allocation as in the case of wheat, Questions of local pro-
duction and markets are also taken into consideration, Corn, millets,
maize, butters cheese, bacon and beef are some of the commodities the
import of which is controlled.
EXPORT RESTRICTIONS
Export regulations also extend to a limited number of commodities
and have been imposed mainly because of local shortages and the supply
position in general. Among the commodities which are controlled are
tobacco, butter, cheese, ground nuts, oil cakes, bacon, beef, millets,
non-indigenous timber, cement, certain iron and steel products and jute
and jute manufacturers. GATT/CP/93/Add.1
Page 20
S W E D E N IMPORT RESTRICTIONS
Certain food and agricultural commodities have been controlled for
import in order to enable the authorities to carry out their agricultural
programne. This is being done under paragraph 2 (a) of Article XI. Bovine
cattle, meat, dairy products, rice, rye, wheat, barley, oil cakes, etc.
are some of the commodities affected by import control. Import of some
of these is subject to State trading.
EXPORT RESTRICTIONS
All exports require licenses in principle but in fact exports to the
American continent and OEEC countries have recently come under a system
of "conditional free listing". The licensing procedure thus applies to
exports to other countries and generally on the basis of quotas in bilateral
agreements;
Commodities the export of which is controlled in accordance with
paragraph 2 (b) of Article XI include pharmaceutical products, fish,
certain kinds of seeds, meat and meat products shoes and sole leather,
butter, eggs, gold, silver and platinum works etc.
There is no total export prohibition except on opium, hashish and
uranium. GATT/CP/93/Add.1
Page 21
U N I O N O F S O U T H A F R I C A
IMPORT RESTRICTIONS
From the tabular statement furnished by the South African Govern-
ment it appears that a wide range of commodities is covered by import
restrictions which have generally been designed for such usual purposes
as protection of animal, human or plant health, copyright and the
prevention of imports of counterfeit coins or dangerous weapons,
Similar import restrictions are applied by the territory of South
West Africa,
EXPORT RESTRICTIONS
After the war South Africa has found it necessary to retain a
modified form of export control with a view to preventing shortages of
food stuffs and other essential supplies. The export regulations aim at
ensuring that adequate supplies of local products will be available,
conserving supplies of goods normally imported and of which there is a
world shortage, conserving supplies which are imported from hard-currency
sources and for safeguarding security interests,
Export restrictions apply to munitions, wool and wool skins, certain
types of agricultural and animal products sugar, coal, drugs .and chemicals,
cut or polished diamond, gold and other valuable articles, etc.
Global export quotas are fixed and no shares are allotted to
individual countries. GATT/CP/93/Add.1
Page 22
UN I T E D K I N G D O M
IMPORT RESTRICT IONS
Import restrictions in the United Kingdom are based on the following
general principles - protection of human, animal or plant life and health,
public safety and morals, enforcement of domestic legislation or inter-
national agreements and the prevention of the import of prison-made goode.
The domestic laws referred to arc intended to prevent fraud or forgery, to
protect species of animals, standards of quality, copyright etc.
In the case of dyestuffs, a protective quantitative restriction was
imposed by the Dyestuffs Acts of 1920 and 1934 and is still being
administered under that Act, Such protective use of quantitative restrio-
tions is covered by the Protocol of Provisional Application.
EXPOT RESTRICTIONS
Export controls cover a considerable range of products and are
imposed mainly in order to safeguard essential domestic requirements, for
security considerations and to strengthen exchange control.
Some of the commodities controlled in order to safeguard essential
domestic requirements are iron and steel, non-ferrous metals, raw cotton,
flax, hemp, jute, coal, hides and chemicals,
The overall rate at which exports can be permitted is fixed and trade
apportioned among exporters on the basis of their past trade, Rate of
export to individual countries is determined by reference to domestic
supply position, the needs of the country of destination and the need to
preserve commercial connections. GATT/CP/93/Add.l
Page 23
U N I T E D S T A T E S O F A M E R I C A
IMPORT RESTRICTIONS
Import restrictions have been imposed under the legislation and for
the reasons listed below.
(a) Agricultural Adjustment Act: Import quotas for cotton and wheat have
been fixed to prevent interference of imports with domestic programmes
affecting production or marketing.
(b) The Sugar Act: All sugar for the United States market, whether domestic
or imported, is limited by absolute quotas. Allocations among the res-
pective sources have generally been apportioned according to their impor-
tance prior to the imposition of controls,
(c) Second War Powers -Act of 1942: Commodities subject to restrictions are
butter, butter oil, flaxseed linseed oil, peanuts, peanut butter, peanut
oil, rice and rice starch, either because of short supply or to facilitate
the orderly liquidation of temporary surpluses.
(d) The Philippine Trade Act of 1946: Absolute quotas on imports have been
fixed for rice, cigars, coconut oil, buttons of pearl or shell etc.
(e) Copyright legislation.
(f) The Neutrality Act of 1939 relating to arms and implements of war,
There are also the usual restrictions for the protection of public
morals, human, animal or plant health, importation of gold and silver etc.
EXPORT RESTRICTIOS
Export restrictions fall into two broad categories. Those of a
more permanent character are applied for special reasons and relate to
military articles of various types, fissionable materials, gold, narcotics
etc. Certain commodities such as meat, wheat and cotton, are subject
to quality control. The scope of these restrictions is small. The emer-
gency export controls on the other hand, affect a broad range of products
and are prompted by conditions of short supply in relation to world demand
or by the current state of tension in international political relations.
They are applied in order to protect the domestic economy form an excessive
drain of scarce material and to reduce the inflationary impact of an abnormal
foreign demand, to further the foreign policy of the United States and in
order to exercise the necessary vigilance over exports for national security,
In the exercise of these export controls, various types of quotas are
used depending on the category of goods and the requirements of various
countries. Individual country quotas are determined by taking into account
relative needs for continued operation of their industries, production of
essential material in short supply, defence programmes and economic
development programmes. The emergency export controls do not apply to
Canada. |
GATT Library | xd144jy0061 | Quantitative import and export restrictions : Corrigendum | General Agreement on Tariffs and Trade, December 5, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 05/12/1951 | official documents | GATT/CP/93/Add.1/Corr.1 and GATT/CP/93+Add.1,+Add.1/Corr.1-3 | https://exhibits.stanford.edu/gatt/catalog/xd144jy0061 | xd144jy0061_90300347.xml | GATT_140 | 558 | 3,837 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED C
GATT/CP/93/Add.1/Corr.1
5 December 1951
ORIGINAL: EGLISH
CONTRACTING -PARTIES
QUANTITATIVE IMPORT AND EXPORT RESTRICTIONS
The following corrigenda have been received from the Governments of
Germany, New Zealand and Southern Rhodesia:
For page 12 substitute the following:
GERMANY
IMPORT RESTRICTIONS
Traditional bans and restrictions are maintained to protect security
interests, public morals and human, animal and plant life and health.
EXPORT RESRICTIONS
Exports are generally, prohibited under Military Government Law No. 53,
but generally so-called export declarations are issued automatically.
A complete embargo is imposed on the export of goods whose production
by German persons or enterprises is prohibited under Allied High Commission
Laws. These include materials relating to atomic energy and certain articles,
facilities, installations, etc. of a strategic nature.
A limited number of comodities, among which scrap, solid fuels, mineral
oil, rolled products and rolling stock are the most important, are subject
to etxport licences.
There are also traditional prohibitions and restrictions to protect
security, life and health, public morals and national treasures.
For page 16 substitute the following
N E W Z E A L A N D
Import restrictions have been imposed through enactments such as Customs
Import Prohibition orders or Orders-in-Council, the Health Act 1920 or special
regulations relating to specified commodities. It appears that most of these GATT/CP/93/Add.1/Corr.1
Page 2.
restrictions are intended to protect public morals or secure compliance with
laws which are not inconsistent with the provisions of the GATT or for
protection of patents, copyrights or for purposes of health,
The list of articles import of which is restricted contains such items
as live animals, live fish or poultry, citrus fruits, vegetables, second-hand
clothing, wheat and wheat preparations, dangerous drugs etc; the import
of firearms is also restricted. Import of articles which offend against
the Sale of Food and Drugs Act or Footwear regulations Act, and also of
fruits and plants affected with disease, Indecent documents or documents
inciting violence or sedition and prducts of prison labour are prohibited.
EXPORT RESTRICTIONS
General export regulations apply only to a limited range of materials
in short supply and to exports which it is necessary to control for security
reasons.
Some of the compmodities subject to other export controls are arms and
explosives, butter and cheese, fish, fresh vegetables, seal skins, frozen
beef and veal, leaf tobacco and shop.
Several of these controls are intended to give effect to standards and
regulations for the classification, grading and marketing of commodities
in international trade.
For page 19 substitute the following:
IMPORT RESTRICTIONS
A limited number of commodities is covered by import restrictions,
These are Imposeda to permit the internal distribution of products of which
quotas are allocated by the supplying country (e.g. jute) or by international
agreement (e.g. wheat and flour), Certain agricultural, dairy and meat
products are also controlled for entmological and local production and
marketing reasons; chief among these being potatoes butter and cheese,
pigs and bacon, beef, maize, millet and other grains.
.
Export regulations extend to a limited range of comodities, and have
been imposed mainly because of local shortages and the general supply,
position. Among the commodities affected by export control are sugar, butter
'and cheese; groundnuts and oil cake, been and beef, maise and certain
small grains; non-indigenous timber, cement; jute and jute manufactures, and
certain iron and steel products. |
GATT Library | wp498fk3737 | Questionnaire for the review of import restrictions applied under Article XII and the second report on the discriminatory application of restrictions under the transitional period arrangements of Article XIV : General Notes | General Agreement on Tariffs and Trade, January 8, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 08/01/1951 | official documents | GATT/CP/89 and GATT/CP/89 | https://exhibits.stanford.edu/gatt/catalog/wp498fk3737 | wp498fk3737_90300330.xml | GATT_140 | 1,236 | 8,382 | GENERAL AGREEMENT ON RESTRICTED
TARIFFS AND TRADE LIMITED C GATT/CP/39 8 January 1951
ORIGINAL: ENGLISH/ FRENCH
CONTRACTING PARTES
QUESTIONNAIRE for
THE REVIEW OF IMPORT RESTRICTIONS APPLIED UNDER ARTICLE XII
and
THE SECOND REPORT ON THE DISCRIMINATORY APPLICATION OF RESTRICTIONS
UNDER THE TRANSITIONAL PERIOD ARRANGEMENTS OF ARTICLE XIV
General Notes
1. This questionnaire need be answered only by contracting parties which are
applying import restrictions under the provisions of Article XII. Those
contracting parties which are not applying such restrictions need only
notify that fact.
2. In answering this questionnaire, contracting parties need not repeat in-
formation furnished in response to the questionnaire of October 1949
(GATT/CP/39) but should give references to the relevant sections of their
replies.
3. The term "import restrictions" is meant to include restrictions made
effective, either directly or indirectly, through state-trading operations;
and the expression "state-trading operations" is meant to include the opera-
tions of enterprises wherever located to which the contracting party has
granted, formally or in effect, exclusive or special privileges.
4. In answering this questionnaires contracting parties should furnish informa-
tion and data in respect of restrictions applied to merchandise imported into
their non-metropolitan territories to which the General Agreement applies.
5. The replies to this questionnaire should be accompanied by copies of all laws,
decrees, etc., not previously furnished to the Secretariat, which have pro-
vided for the establishment, maintenance and administration of the restrictions
(including samples of public notices issued in compliance with paragraphs
3(b) and 3(c) of Article XIII) and copies of all bilateral agreements (not
including state-trading contracts) directly affecting the importation of
restricted products in 1950 and 1951.
6. Contracting parties are asked to submit their resplies as early as possible
but in no case later than 17 June 1951. The replies should be prepared in
English and/or French. At least three copies should be sent to the
Executive Secretary in Geneva by airmail, and 50 copies should follow by
surface mail. (A contracting party situated a long distance from Geneva may
in addition wish to submit copies direct to other nearby contracting parties. GATT/CP/89
Page 2
QUESTION 1 - CHANGES POLICY SINCE 1948
Describe the extent and nature of changes of policy since January 1, 1948,
which have affected the intensity of the import restrictions and their impact
on other countries.
QUESTION 2 - THE TECHNIQUE OF RESTRICTION
Describe the methods employed in applying the restrictions (other than those
made effective either directly or indirectly through state-trading operations) and
the groups of products subject to each method, using the following classifications:
(i) import licenses without the fixing of quotas;
(ii) the fixing of global quotas;
(iii) the allotment of shares in quotas to countries of supply, either
by unilateral action, special arrangement or negotiation;
(iv) prohibitions;
(v) other techniques, including barter and compensation arrangements.
Supply statistical and other data for the three years 1948 to 1950 to indicate
as clearly as possible the total value and the percentage of total imports which
is free of restriction or subject to open general licence, and the total values
and the percentages imported under the various methods of restriction described
above and in answer to Question 3.
QUSTION 3 - STATE-TRADING
For restriction of imports made effective either directly or indirectly
through the activities of the state or of enterprises to which exclusive or
special privileges have been granted, name the products so restricted and indicate
the manner of restriction (using the classification suggested in Question 2 so far
as possible), the scope of the restrictions and the administrative procedures
employed.
QUESTION 4 - BASIS OF RESTRICTION
Where the allotment of shares in quotas is based upon "previous representa-
tive periods", state the period or periods selected and give, by products or by
groups of products, the basis used for the choice.
QUESTION 5 - INTERNAL DISTRIBUTION OF LICENCES
Describe the administrative arrangements for the distribution of licences
among importors insofar as these may affect the interests of supplying countries.
QUESTION 6 - TOKEN IMPORTS
Describe any system of token imports for products which would otherwise be
excluded from entering the market by the operation of the restrictions, and
state the products coverod, GATT/CP/89
Page 3
QUESTION 7- POLICY OF DISCRIMINATION
If restrictions are not administered in accordance with the rule of non-
discrimination in Article XIII, describe the policy pursued at the present time,
with relevant references to classifications of products and of supplying countries.
Indicate whether discrimination is pursuant to the provisions of sub-paras. (b)
and (c) of para. 1 of Article XIV or to the provisions of Annex J. Trade
statistics for 1948. 50 should be supplied to indicate the effects of the restric-
tions on imports from various countries and currency areas,
QUESTION 8 IMPlEMENTATION OF POLICY OF DISCRIMINATION
Describe the implementation of the policies discussed in Question 7 in terms
of the various methods of restriction indicated in answer to Questions 2 and 3.
QUESTION 9 - CONSIDERATIONS AFFECTING SOURCE OF IMPORTS
Contracting parties applying restrictions with discrimination are asked to
describe the various.considerations which are taken into account in determining
the source of imports, Contracting parties operating under Annex J are asked to
describe the implementation of (i) and (ii) of paragraph l (a) of the Annex, giving
illustrative examples with regard to (i) in relation to produts represented in
the table in Question 13.
QUESTION 10 - BILATERAL AGREEMENTS
Describe any commitments, other than state-trading commitments, in respect
of importation of goods subject to import: restriction assumed in bilateral agree-
ments with other countries, whether or not contracting parties. Indlude statis-
tics of the volume and value of imports in 1948 to 1950 by country of origin for
the principal products and groups of other products covered by such commitments.
QUESTION 11 -.PROGRAMMES FOR 1951
Describe the policy and programme for 1951 in relation to the main currency
areas and the various methods of import restriction. ..
QUESTION 12 -.INCIDENTIAL PROTECTIVE EFFECTS OF RESTRICTIONS
Describe any steps taken to minimize the incidental protective effects of the
restrictions. (Note the recommendations contained in paragraphs 18 and 19 of
GATT/CP.4/33).
QUESTION 13 - INFORMTION RELATING TO CERTAIN PRODUCTS
Complete as fully as possible a table in the attached form for a number of
items representing a cross-section of imported products. It is suggested that the
items selected will not be adequately representative unless they account for at
least 30 per cent of the imports of raw materials, foodstuffs and manufactured
products, calculated separately, and include a representative sample of products
subject to restriction. Where it would be helpful to an understanding of the in-
formation furnished, the table should be supplemented by footnotes. (Contracting
parties which replied to the 1949 questionnaire (GATT/CP/39) Should as far as
possible, selects. the same items as on that occasion). INFORMATION RELATING TO CERTAIN PRODUCTS
Brief Description
of the Product
Value of
Imports
in 1950
or
latest
avail-
able
Whether
subject
to re-
stric-
tion'
(Yer pr
NO
'If subject
to one or
more bilat-
eral agree-
Ints in
1951. name
the
countries
Method of Restriction
by Countries, related
to your answers to,
Questions 2 and 3
1950 1951
Method Country Method C
of Re- of Re-
Stric- stric-
tion tion
_L
Country
Import Programme
(Global or by Countries,
as available)
1950
Quan- Coun-
tity tries
or
Value
1951
Quan- Coun-
ity tries
or
Value
Tariff
No.
GATT/CP/89
Page 4
Q 0-3
109
-
. 1 |
GATT Library | zz796zj0638 | Rapport du Groupe de Travail des Questions Juridiques : Modifications du libellé du Protocole de Torquay et négociations au titre de l'article XXVIII inaehevées à Torquay | Accord General sur les Tarifs Douaniers et le Commerce, April 2, 1951 | General Agreement on Tariffs and Trade (Organization), Négociations Tarifaires, Tariff Negotiations, Parties Contractantes, and Contracting Parties | 02/04/1951 | official documents | GATT/TN.2/43-GATT/CPS/6 and GATT/CPS/1-7 | https://exhibits.stanford.edu/gatt/catalog/zz796zj0638 | zz796zj0638_90330217.xml | GATT_140 | 950 | 6,571 | RESTRICTED
ACCORD GENERAL SUR LES TARIFS LIMITED B
GATT/TN.2/43-GATT/CPS/6
DOUANIERS ET LE COMMERCE 2 April 1951
FRENCH ORIGINAL: ENGLISH
NEGOCIATIONS TARIFAIRES
Torquay
PARTIES CONTRACTANTES
SESSION EXTRAORDINAIRE
RAPPORT DU GROUPE DE TRAVAIL DES
QUESTIONS JURIDIQUES
Modifications du libellé du Protocole de Torquay et
négociations au titre de l'article XXVIII inaehevées
à Torquay
1. Modifications du libellé du Protocole de Torquay
Le Groupe de travrail des questions juridiques transmet au Comité des
n_gotiations tarifaires le texte modifié des instrument dana lequels
seront incorporés les résultats des négociations tarifaires. Ces
instrumnints font l'objet du document GATT/TN.2/41 désigné sous la cote
GATT/TN.2/39 dans le suplément au rapport. Si le comité approuve les
modifications proposeés il est recommandé de demander aux Parties
Contractantcs de les adopter.
2. Négociations au titre de l'article XXVIII inachevées à Torquay
Le Comité des Négociations tarifaires et les Parties Contractantes.
lore de leur 24e séanec ont prévu la nécessité éventuele de msures
prises par le Comité des N_gociations tarifaires _ l'effet d'amender le
Protocole de Torquay après "avoir passé, en revue de temps à autre l_tat
d 'avancement des négociations engagées au titre de l'article XXVIII".
Il est maintanant évident que certaines des négociations entreprises
en vertu de l'articlc ,2aVIII no seront pas tcrm.necs a 'issua dc la,
Confcronce-de Torquay. L ;Grourpc de travail deL questions juridiques
cstia.c qu'il scr,-it peou sage, a ce st.de advance de la conference, de
churc!her 8 resoudre la difficulty en nodifiant soit lr. DeclarLtion de
;±iintien en vigueur d6s Listes annexces' a l'accord g6cnrral sur les torifs
douaniers et le cor.rxeroc, soit le Protocolc, ou on cnvisageant d' ccoptcr
czuc; 1: Ddcl.rrtion ou le parcgraphe 6 du ?rotocolc soient assortis de
r;scrves. a En consequence, le Groupe de travvil des questions juridioues
suq-ere que le Comite des Nigociations tarifaircs price les Parties
Contractantes, agissant on vertu ee l'Article IV de l'ccord, d'adopter
uno reSolution-autorisant les parties contractantcs en causc a poursuivro
les rlgociationa sur des positions detcrrainaes. L'on trouvera ci-Joint
un projot de resolutibn'a cet effet. GATT/TN.2/43
GATT/CPS/6
Page 2
Résolution
ATTENDU que les PARTIES CONTRACTANTES ont élaboré un amendement à
l'Article XXVIII de l'Accord general qui sera repris dans le Protocole de
Torquay annexé à l'Accord general et qu'elles ont invite toutes les parties
contractantes à signer, à l'issue de la Conference deTorquay, une Déclaration
par laquelle ellez s'engageront à ne pas so prévaloir des dispositions du
paragraphe premier de 1'Article XXVIII de l'Accord général avant le ler
janvier 1954;
ATTENDU qu'en vertu du Protocole de Torqury, seules modifications des
Listes de Genève et d'Annecy été convenues, ou contre lesquelles
aucune objection n'aura ete elevee, au coura de la Conférence de Torquay,
pourront entrer en vigueur sans consultation supplémentaire des parties con-
tractantes intéressées ou sans autre mesure des PARTIES CONTRACTANTES;
A1NDU Vd autre part qu'il n'.a pas e't possible d'carier, a terps a unr
accord qui. permit de reprbndre law:. 1s Listes annexees au Protoole de Torquay
le resultat des nigociations concernant lee modificat.pnn proposdes et qui sont
enumcerees dana 1'Anxexe de 1-e pr_'en~tcq Rsolution,
I; PaRTIns COC RACTACi1lES,
AGI~SAW'T en vertu ce l'Article XXV (5) (a),
MECIDZI'NT * jU- si.r Sul
1. Nonobstant le. signature. de la Ddclaarztion. de Mnaintien en Vigueur des
Lists annmeXs l'Accord gepcral et du Protocle de Torquay, lea guvernements
de lc Frastkv, de1 Cuba et d'Haiti sont autorises a pcursuivre les negotiations
concernant l3es modifications des concessions sur les products enumeres dans
lcannexe de la presented resolution, avec le partie contractante ou les parties
contractantos avoc lasquelles. les concessions en cause orit erte' negocides.
primitivenwnt aiowi qulavec la "partie contractante ou les parties cattractantes
qui, a course de -la conftrenoc de Torquay., ont fait savoir .qu'elles etaient
interessees de fagon substantielle aux concessions on question.,
2. Les parties contractantes inte'ressees s efforceront d'aboutir a un accord
au plus tard le ler juillet 1951 et de maintenir les concessions echange'cs sur
une base de reciprocitg et e 'avantages iutuals a u niveau non moins faVorable
aux echangee qu 9celui ;pM`ovu dans le, present accord.
3. Toutc modification qui aura fait 1'objet d 'un accord avant le ler Juillet
1951 pourra etrp rendue effective par voia d 'accord des negciat u.a` 1a :on-
dition que la. date a q le!.la modification ou lcs modifications e-oh question
deviendront effective soit notifie'e au Secretaire executif au moins 30 Jours.
a l'avance.
4. Si, avant 1le lor juillet 1951, les negociations visdes au paragraph
premier ci-dessus se sont terminces sans aboutir a un accord, la partie con-
tractante qui aura sollicite la modification adressera une notification au5
P.RTIES CO1'TRACT%1\TES par 1'entremise du Secretariat; elle aura la faculty
dfappliquer la modification en question a compter du trentieme Jour qui suivra
celui de la notification. GATT/TN.2/43
GATT/CPS/6
Page 3
5. Si, le ler juillet 1951, aucun accord n'a ét_ conclu sur toute
modification projetée figurant dans l'annexe de la présente Résolution, la
partie contractante qui aura sollicité la modification adressera une noti-
fication aux PARTIES CONTRACTANTES par l'entremise du Secrétariat; elle
aura la faculté d'appliquer la modification en question à compter du trentième
Jour gui suivra celui de la notification.
6. Toute partie contractante affectéc de façon substantielle par une
modification applique en vertu du paragraph 4 de la préaente resolution
aura la facult_, jusqu'_ l'expiration d'un délai de six mois à computer de la
mise en application de ladite modification, de retirer, à partir du trentième
Jour après celui ou les PARTIES CONTRACTANTES auront reçu le préavis écrit
du retrait en question, des concessions sonsiblemeent équivalentes qui
auraient été négociées primitivement avec la partie contractante qui aura
pris des measures en vertu des paragraphes 4 et 5 ci-dessus.
Note: L'annexe visée dans la présente Resolution a été distribuée sous
la cote SECRET/CP/16. |
GATT Library | mh584cp1552 | Rapport du Groupe de Travail D'intersession Charge D'examinter la Reclamation de la Tchecoslovaquie Concernant un Retrait de Cocession Effectue par les Etats-Unis D'amerique en Application de L'article XIX | Accord General sur les Tarifs Douaniers et le Commerce, March 27, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 27/03/1951 | official documents | GATT/CP/106 and GATT/CP/106 | https://exhibits.stanford.edu/gatt/catalog/mh584cp1552 | mh584cp1552_90310004.xml | GATT_140 | 8,996 | 59,839 | RESTRICTED
LIMITED B
ACCORD GENERAL SUR LES TARIFS GATT/CP/106
27 mars 1951
DOUANIERS ET LE COMMERCE FRENCH ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
RAPPORT DU
GROUPE DE TRAVAIL D'INTERSESSION CHARGE D'EXAMINTER LA
RECLAMATION DE LA TCHECOSLOVAQUIE CONCERNANT UN RETRAIT
DE COCESSION EFFECTUE PAR LES ETATS-UNIS D'AMERIQUE
EN APPLICATION DE L'ARTICLE XIX
I. Introduction
1. En conformite de son mandat, le Groupe de travail a examine "la these
de la delegation tchecoslovaque, selon laquelle en retirant la concession
reprise au paragraphe 1526 (a) de la Iere Partie de la Liste XX les Etats-
Unis: d'Amerique n'ont pas rempli les obligations qui leur incombaient en.
vertu de l'article AX de l'Accord general". Le Groupe de travail disposait
des documents suivants:
(a) Communication du President par interim de la Delegation des Etats-
Unis d'Amerique en date du 19 octobre 1950 (GATT/CP/83),
(b) MEmorandum de la delegation tchecoslovaque distribue le 7 novembre
1950 (GATT/CP.5/22)
(c) Comptes rendus des debats des seances plenieres des Partias Con-
tractantes (GATT/CP.5/SR.14, 19, 21, 22 et 23)
(d) "Chapeaux de dames et cloches pour chapeaux de dames en feutre
de poil" : Rapport de la Commission tarifaire des Etats-Unis
d'Amerique date du mois de septembre 1950 et distribue par le
representant des Etats-Unis d'Amerique aux membres du Groupe de
travail.
(e) Expose du, representant de la Tcheooslovaquie distribue sous la cote
CP/IW.1/2& Corr.1.
(f) Donnees supplementaires fournies a la demande du Groupe de travail.
2. Le representant des Etats-Unis a egalement distribue aux autres
membres du Groupe de travail un rapport etabli par la Commission tarifaire
des Etats-Unis sur les "procedures et criteres concernant l'application de
la clause de sauvegarde des accords de commerce". Le, Groupe de travail n'a
pris connaissance du document en question que dans la mesure ou il expose,
les methodes suivies par la Commission tarifaire au cours de son enquete.
II n'a pas estime qu'il lui incombait de formuler des commentaires sur les
opinions qui y sont exprimees et qui ont trait a l'intepretation de l'article
II. Les prescriptions de l'article XIX
3. En cherchant a etablir si les prescriptions de l'article XIX avaient
ete respectees, le Groupe de, travail a examine une a les conditions dans
lesquelles une partie contractante peut se prevaloir des dispositions dudit
article a l'effet de suspendre un engagement assure, de retirer ou de modifier
une concession precedemment octroyee. GATT/CP/106
Page 2
4. A cet egard, trois series de conditions doivent etre remplies:
(a) Les importations du produit en question doivent s'etre accrues
dans des proportions anormales, c'est-a-dire:
(i) le produit dont il s'agit doit etre importe en quantites
accrues;
(ii) les importation doivent s'etre accrues par suite de
l''evolution imprevue des circonstances et par leffet de
(iii) le produit dont il s'agit doit etre importe en quantites
tellement accrues et a des conditions telles, qu'il porte.
ou menace de porter un prejudice serieux aux producteurs
nationaux de produits similaires ou directement concurrents.
(b) L'engagement assume ne doit etre suspendu, et la concession;
octroyee ne doit etre retire ou modifiee, gue dans la mosure
et pendant le temps qui pourront etre necessaires pour prevenir
ou reparer le prejudice cause ou imminent. .
(c) La partie contractante qui prend les mesures prevues en appli-
cation de l'article XIX doit en aviser les Partties Contractantes
par ecrit. Elle doit egalement fournir a celles-ci, ainsi qu'a
toutes les autres parties contractantes ayant un interet sub-
stantiel au produit en cause, l'occasion d'examiner avec elle
les mesures qu'elle se propose de prendre. En regle generale,
la consultation doit avoir lieu avant que les mesures soient
prises; toutefois, dans des circonstances critiques, la con-
sultation pent n'avoir lieu qu'immediatement apres, mais les
measures en question no peuvent etre prises qu'a titre provi-
soire.
III. Les conditions requisos pour se prevaloir des dispositions. de l'article
XIX ont-elles ete realisees ?
5. Aux fins de la presente section, le Groupe de travail s'est
surtout fonde sur les chiffres et autres considerations de fait qui
figurent dans le rapport de Ia Commission tarifaire. Le representant de
la Tchecoslovaquie a declare qu'il ne mettait pas on doute l'exactitude
des donnees precitees, mais il n'a pas ete en measure de se rallier a la
conclusion que les autorites des Etats-Unis en ont tiree.
6. Accroissement des importations. Le Groupe de travail a releve que,
selon les indications fournies, les importations de chapeaux de dames et
cloches pour chapeaux de dames en feutre de poil sur le territoire des.
Etats-Unis se sont accrues de façon substantielle en 1948, en 1949 et au.
course du premier semestre de 1950 par rapport a 1946 et a 1947. A partir
de 1949, elles ont depasse le chiffre de 1937, ainsi qu'il ressort du
tableau suivant GATT/CP/106
Page 3
1937 1939 1946 1947 1948 1949 1950 (Janv.-juin)
(on douzaines)
52.493 6.372 36.910 15.984 44.646 120.511 61.827 (1)
Cet accroissement est encore plus manifeste si l'on considere les
categories de valeus visees par le retrait.
1946 1947 1948 1949 1950 (Janv.-,Juin)
14.140 8.251 36.045 106.426 53.097 (l)
7. Y a-t-il au evolution imprevue des circonstances ? Rapport de
cause a effet entre cette derniere et la concession tari aire
d'une part et les importations d'autre part. Les concessions
octroyees a Geneve ont ete substantielles. La moyenne arithmetique non
ponderee des droits applicables a partir du ler janviur 1948 aux articles
entrant dans lesquatre categories de valeurs qui s'echelonnent de 9 a
24 dollars la douzaine represented une reduction de 32,3 pour cent par
rapport au droit du Tariff Act de 1930.(2)
8. Le representant des Etats-Unis d'Amerique a fait savoir qu'a
l'epoque de la reduction du droit il s'est produit un changement de
mode qui etait tres nettement en faveur des chapeaux en matiere grattee
ou a poils: il s'agit la d'une evolution qui n'a pas ete et aui ne pouvait
pas etre prevue a l'epoque ou la concession fut negociee. Par suite de
cette evolution de la mode des chapeaux, les importations de cloches de
qualites speciales se sont accrues au point de representer, en 1949, et
pendant le premier semestre de 1950, plus du 95% des importations de cha-
peaux de dames et de cloches pour chapeaux de dames en feutre de poil.
La vogue accrue dont ont beneficie ces qualites specials qui, en compa-
raison des articles en feutre uni, demandent une une proportion bien plus
considerable de main-d'oeuvre, facteur de production plus couteux aux
Etats-Unis que dans les pays exportateurs, a suscite un probleme special
pour les producteurs americains qui n'ont pas ete en measure de s'adapter
aux molifications de la demando a raison de la concurrence severe que leur
faisai ent subir les produits importes. Le representant des Etats-Unis
(1) Chiffre provisoire pour la periode janvier-juin 1950. Il s'agit des
donnees les plus recentes dont la Commission tarifaire disposait lors de
son enquete. Ces chiffres relatifs au total des importations font res-
sortir, par rapport aux chiffres correspondants du premier semestre de 1948
(7.825 douzaines) et de 1949 (16.871 douzaines), un accroissement tres sub-
stantiel de la cadence des importations de 1950 par rapport a cells de 1949
et de 1948. Les donnees statistiques actuellement disponibles indiquent que
le dhiffre total des importations pour la pariode janvier-novembre 1950
inclusivement a ete de 259.032 douzaines.
Source: Statistiques officielles du Departement du Commerce des Etats-Unis.
(2) Ce chiffre resulte d'une comparaison entre l'equivalent ad valorem
des droits combines du. Tariff Act de 1930 correspondant a la mediane de
plusiours categories de valeurs avec les droits ad valorem simples negocies
a Geneve, sans qu'il ait ete tenu compte du fait que, pour la categorie de
valeur qui va de 18 a 24 dollars le droit combine du Tariff Act de 1930
avait deja ete ramene a un taux ad valorem de 50 pour cent en vertu de
l'accord de commerce anglo-americain de 1938
On trouvera au tableau donne en arunexe les details supplementaires. GATT/CP/106.
Page 4
a egalement declare qu'a Geneve les negociateurs de son pays se rendaient
certes compte du changement de la mode des chapeaux et qu'ils escomptaient
un certain accroissement des importations, mais qu'ils n'avaient pas
apprecie toute l'ampleur de cette evolution du gout en Europe et qn'ils
n'avaient pas prevu l'importance de la faveur dont ces qualites speciales
etaient appelees a beneficier, ni les repercussions qu'avec la concession
octroyee elle exercerait sur le niveau des importations. Il lui est enfin
apparu que cette declaration suffisait a etablir qu'il y avait eu evolution
imprevue des circonstances. --
9. De son cote, le representant de la Tchecoslovaquie a declare que
l'expression "evolutionn imprevue des circonstances" doit s'interpreter
comme signifiant une evolution posterieure a la negociation et dont il ne
serait pas raisonnable de pretendre que les negociateurs du pays gui a
octroye la concession auraient pu et auraientdu la prevoir al 'epoque. Les
autres membres du Groupe de travail (a l'exception du representant des
Etats-Unis d'Amerique) se sont rallies a cette façon de voir.
10. Se fondant sur cette interpretation majoritaire le representant
de la Tchecoslovaquie a argue de ce qui suit
(a) Il est universellement reconnu que la mode. est sujette a
modification: "le changement est l'essence de la mode".
(b) En l'espece, le chagement dont il s'agit, c'est-a-dire la
vogue des veloutes et des taupes, aurait pu et aurait du etre
prevu. Ce changement n'est pas uniquement imputable a l'evo-
lution du gout des femmes americaines. Il est surtout le
fruit de l'initiative des exportateurs (pourvus d'organismes de
vente aux Etats-Unis) et des modistes americaines qui ont
fabrique intentiocmllement les nouveaux modeles et suscite une
demande correspondante grace aux moyens publicitaires et a leur
savoir-vendre. Cette modification de la mode a ete non seulement
prevue mais deliberement provoquee.
(c) A Geneve, en 1947, les negociateurs americains auraient du savoir
qu'aux Etats-Unis la mode serait aux taupes et veloutes puisqu'a
l'epoque l'on savait parfaitement (et les revues commerciales en
parlaient) que veloutes et taupes etaient deja a la mode a Paris
et qu'il fallait s'attendre que la mode parisienne gagnerait les
autres pays.
(d) A Geneve, en 1947, les negociateurs americains n'ignoraient pas
que, depuis longtemps, la Tchecoslovaquie s'interessait tout
particulierement et et au plus haut point a l'exportation de cloches
en veloutes, taupes et autres feutres speciaux; qu'elle avait
negocie une concession sur co type de cloches dans le cadre d'un
accord de commerce conclu avec les Etats-Unis avant la guerre,
et qu'elle tenait a s'assurer de nouveau une concession tarifaire
sur ces qualites speciales de cloches. (Le representant des
Etats-Unis d'Amerique a reconnu qu'il en etait bien ainsi).
(e) A Geneve, en 1947, les negociateurs americains auraient du, en
consequence, prevoir que les exportations tchecoslovaques de
cloches vers les Etats-Unis d'Amerique consisteraient essen-
tiellement en veloutes et en taupes; que, par l'effet de la
concession tarifaire octroyee, elles iraient en s'accroissant
et que les exportateurs tchecoslovaques et leurs organismes de
vente aux Etats-Unis feraient tout leur possible pour reer une GATT/CP/106
Page 5
mode des taupes et veloutes qui leur permit d'acoroitre leurs
ventes au maximum. En fait, lex exportateurs tchecoslovaques,
ainsi que les exportateurs italiens, ont fait appraitre, grace
a leurs campagnes publicitaires, un nouveau marche et de nou-
velles possibilites de vents aux Etats-Unis d'Amerique.
(f) Les causes auxquelles sont imputables le changement de mode en
question et l'accroissement de la demande des taupes et veloutes,
aux Etats-Unis d'Amerique n'etaient donc pas imprevisibles ;bien
au contraire elles pouvaient et devaient etre prevues par les
negociateurs americains de 1947.
(g) Les autres elements de la situation (niveau de productivite de
l'industrie americaine des cloches de qualites speciales et
proportion des salaires incorporee dans le cout de
production de ces cloches) ont existe de tout temps et etaient
connus des negociateurs americains. Aucune preuve ne permet
d'affirmer que ni l'evolution de la mode.ni cette evolution
combine avec les autres facteurs n'ont constitue une evolution
imprevue des circonstances.
II. Les autres membres du Groupe de travail, a l'exception du representant
des Etats-Unis, ont estime, comme le representant de la Tchecoslovaquie, que
le changement survenu dans la mode des chapeaux ne constituait pas en soi une
"evolution imprevue des circonstances" au sens ou l'entend l'article XIX.
Toutefois, il est appar aux membres en question du Groupe de travail, ainsi
qu'au representant des Etats-Unis d'Amerique, que l'on ne saurait raisonnablement
pretendre que les negociateurs americains de 1947 eussent pu prevoir qu'en
realite, un tel changement de mode en faveur des taupes et veloutes
pouvait se produire par la suite et qu'il serait d'un ractere aussi etendu
et d'une duree aussi longue qu'il l'a ete en realite. Au surplus, los
preuves fournies au Groupe de travail semblent indiquer que l'accroissement
des importations americaines de cloches pour chapeaux de dames en feutre de
poil constate en 1948 et ulterieurement est surtout imputable aux causes
suivantas ::
(i) La modification d ala demand d qui 'sest produite a pris la forme
dune demand d accrue de cloches de qualie6s seeciales dont la
production eemande une proportion de main-d'oeuvre ea^ucoup plus
6leeee que l fabrication de cloches en feutre uni.
.(ii) Etant dnre ' surtout qu'une proportion pluseelee6e de main-d'oeuvre
est incorpoefe dnrs les produits dont il s'agit et vu le niveau
elee6 des salaires dansl1'industrie des cloches aux Etats-Unis,
facteur que ne contrebalance pas un chiffre de production
proportionnellementel1ee6, la grande majoriey des producteurs
menzricains n'ont pasetee enmmesure de fabriquer de cloches de
qualie6s se6ciales susceptibles de cencurrencer soit en prix
soit en qualiey les cloches similaires imporeecs qui aq9uittent
les droits substantiellement e6duits eegoce-s en 1947 (47,%5
d% valorem en moyenre).
(i~)i En coneequence, les produits se6ciaux mupore1se6taiont d'un prix
et dune qualiey relativement plus avautageux que la grande
rajorie6 des qualiees seeciales de production national,aa tel
point que lsa fournisseurse6trngiers ont pu 'iassurer de loin
la plus grande partie du eee6fice de l'expansion dumiarcee
aenricain des cloches de qualie6ssteeciales. 'Le volume des GATT/CP/106.
Page 6
importations s'est accru on consequence. Au surplus, la
concession a eu pour effet de reduire la difference de prix entre
les qualites speciales importees et les qualites superieures de
clothes. en feutre uni fabriquees aux Etats-Unis. d'Amerique et d'
inciter les modistes et les consommateurs a preferer les veloutes
et taupes et autres qualites speciales d'importation.
12. En consequence, les membres du Groupe de travail, a l'exception du
representant de la Tchecoslovaquie, ont estime que l'on ne peut raisonnable-
ment pas pretendre que les consequencess des circonstances precitees, et plus
particulierement la mesure dans laquelle le changement de mode a modifie la
situation de la concurrence, eussent pu etre prevues par les autorites
americaines en 1947. Il leur est apparu que l'on est fonde a considerer que
les conditions prescrites a l'article XIX, selon lesqudles l'accroissement
des importations doit etre imputable a l'evolution imprevue des circonstances
et a l'effet des concessions octroyees, ont ete remplies.
13. Y a-t-il eu existence ou menace d'un prejudice serieux? Le
representant des Etats-Unis a expose les faits suivants, Apres Ia guerre,
la eonsommation apparente de cloches pour chapeaux de dames en feutre de
poil etait inferieure au chiffre d'ava.nt-guerre, puisqu'elle oscillait eentre
500 et. 700.000 douzaines contre 900.000 a 1.100.000 douzaines de 1935 a
1939 inclus. Toutefois, une part plus elevee de cette domande reduite a
ete' satisfaite par l'importation. Le pourcentage des importations par
rapport a la consommation dont le chiffre moyen d'avant-guerre etait de
4,5 et qui etaient tombe a 3,2 en 1947, a remonte a plus de 17 en 1949 et a
depasse 23 pendant le premier semestre de 1950. Apres la guerre, le niveau
de la production national des Etats-Unis est reste inferieur a ce qu'il
etait avant les hostilites. Los chiffres d'apres-guerre sont de l'ordre de
500,000 a 600.000 douzaines contre 900.000 a 1 million avant la guerre.
14. Les importations ainsi que la production et, partant, la consommation
apparente de cloches pour chapeaux de. dames en feutrede poil etaient
exceptionnelement basses en 1947 et, de 1947 a 1948,elles ont subi un
mouvement ascensionnel general. Toutefois, en 1949 et au cours du: premier
semrestre de 1950, les importations et la consommation apparente ont continue
de s 'accroitre alors quo la production diminuait. Le flechissement en question
ressort du tableau ci-apres:
Production de clochcs pour chateaux de dames en
feutre de poil
1948 1949 1950 (Janv. - Juin)
Quantites
(douzaines) 629,235 565,768 203,235 (1)
Pourcentage du
flechissement
par rapport a 1948 - 10%
(1) Chiffres les plus reconts dont disposait la Commission au moment de
son enquete. Il a ete etabli ulterieurment que la production totale
de janvier a novembre 1950 inclus a ete de 607.265 douzaines.
(2) Sur la base d'une production de 247.865 douaines de janvier a juin
1948 inclusivement,
En consequence, a l'epoque ou la commission a effectue son enquete, alors que
les importations s'accroissaient rapidement ainsi qu'il a ete indique ci-dessus,
la production avait ,; accuse un flechissenient notable. GATT/CP/106
Page 7
15. Une part importante de la demande apparente de cloches
(estimee plus de 20% en 1949 et a plus de 30% pour les 6
premiers mois de 1950), s'est portee sur les qualites speciales.
En 1949, 80% des importations consistaient en ces qualites
speciales. Comrme la consommation totale ne s'est pas accrue
de façon substantielle, il parait vraisemblable qu'en 1949 et
pendant les 6 premiers mois de 1950 les importations de cloches
de qualites speciales so sont substituees dans une certaine
mesure a des cloches en feutre uni qui, normalement, eussent
ete fourniies par les producteurs nationaux.
16. Aucune donnee n'a ete fournie qui permit d'evaluer les
pertes financieres que ces entreprises de fabrication. de
cloches pour chapeaux de feutre .ont pu subir par suite de
l'accroissement des importations. Dans l'ensemble de cette
industrie, la production de cloches pour chapeaux de dames
represente environ 25 a 30% du total. des cloches et des
chapeaux fabriques et il n'a pas: ete possible d'etablir de
comptabilites separtes pour la production de cloches pour
chapeaux de dames d'une part et de -chapeaux d'hommes et cloches:
pour chapeaux d'hommes d'autre part.
17. Toutefois, il ressort des enquetes effectuees par la
Commission tarifaire que 10 des 14 fabricants interroges par
elle ont declare qu'ils n'etaient pas en mesure do fabriquer
des cloches de qualities specials qui fussent des produits
qui pussent etre vendues a des prix susceptible de concurrencer
les articles d'importation:
18. 'Pour ce qui est des repercussions que l'accroissement
des importations a exercees sur le volume de l'emploi, les.
chiffres font ressortir un flechissement des effectifs des
travailleurs engages dans le processus de la production de
cloches en feutre pour chapeaux de dames et d'hommes de 1947
a 1949 inclus. Cette reduction a. ete no table de 1948 -
a 1949 anisi qu'il ressort des chiffres suivants:
Effectifs ouvriers travaillant directement a la
fabrication de, cloches en feutre de poil de
1947 a 1949
1947 1948 1949
*~~ ~ ~~~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Effectifs moyens 4.383 4.349 3.717
Flechissement en %
de 1947 - 1% 15%
19. II est materiellement impossible, en matiere d'emploi, de
distinguer entre les effectifs employes dans la production de
cloches pour dames et ceux qui travaillent a la fabrication de
chapeaux d'hommes et clochvspar chapeaux d'hommes. Au surplus,
il est difficile d'apprecier dans quelle mesure la reduction du
volume de l'emploi est imputable a l'accroissement des importa-
tions de cloches pour chapeaux de dames et de determiner exacte-
ment les consequences des autres facteurs, y compris ceux qui
influent sur la production de chapeaux d'hommes. Si l'on s'en
tient aux constations de la.Commission tarifaire, une large part
de cette reduction peut etre imputee a l'accproissement des impor-
tations, ce qui semble corrobore par le flechissement notable de
la production de clocher pour chapreaux do dames en 1949 et au
cours des 6 premiers mois de 1950. GATT/CP/106
Page 8;
20. Une tell preuve de la baisse des effactifs employes doit-
etre consideree en tenant compte de ce que les. travailleurs de
cette industrie subissent tres facilement le contre-coup de
flechissements legers de la production et de l''emploi. Plus;
de 80% de ces ouvriers sont qualifies ou semi-qualifies et on .
general d'un age avance. Ainsi, la grande majorite des
effectifs occupes. semblerait consister en ouvriers qualifies avec
personnes a charge. Il semblerait que la concentration
geographique de cette industrie fut de nature a aggraver les
difficultes d'ordre social resultant de toute contraction du
volume de l'emploi qui pout s'y manifester. L'on estime par
exemple que 85% des salaires industrials de Danbury et 50% de
ceux de Norwalk. proviennent generalement de l'industrie du
chapeau en feutre de poil. Ainsi, les consequences d'un
flechissement relativement minime de la production .pourraient
etre aggravees par l'absence d'autres possibilities demploi
local et par les repercussions indirectes sur la plupart des
autres activites economiques des centres en question. Les
chiffres de l'emploi dans l'industrie du chapeau en feutre de.
poil (chapeaux d'hommes ainsi que cloches pour chapeaux d'hommes
et de dames) et ceux du chomage general a Danbury et a Norowalk
tendent a confirmer que les importations ont ete un factor
de baisse de l'emploi. dans l'industrie des cloches pour chapeaux
de dames.
21. La representant de la Tchecoslovaquie a soutenue que nx,
les donnees fournies par le representant des Etats-Unis ni
l'evolution reellc des faits dens l'incustrie americaine du
chapeau pendant la periode decisive de 1947 a 1950 ne prouvent
qu'il y ait eu prejudice ou menace de prejudice pour les..
ouxvriers, qui. constituent de loin le groupe le plus important
des producteurs.:
(a) les chiffres quit indiquent les fluctuations des
effectifs. moyens d'ouvriers engages dans la production
des cloches pour chapeaux on feutre de poil ne sont
pas concluants. La comparaison avec la situation
d'avant-guerre n'est pas valable car toute la structure
de l'industrie s'est trouvee manifestement modifiee
apres les hostilites. Les chiffres fournis par les
Etats-Unis en matiere d'emploi dans les differents
secteurs de l'industrie du chapeau de ce pays so
fondent sur des estimations et n'indiquent ni comment
la moyenne a ete etablie ni s'il a ete tenu compte des
effectifs saisonniers.
(b) La tendance a la baisse du volume de l'emploi, legere en
1948 et plus accusee n 1949, a ete attributee par les
autorites americaines chargees de l'enquete surtot a
des facteurs autres que l'accroissement des importations.
Aucun argument precis n'a ete invoque a l'appui de la
these selon laquelle l'accroissement des importations a
pu avoir des repercussions sur le volume de l'emploi.
Le rapport de la commission du tarif reconnait que "l'on
ne saurait preciser la part imputable a ce dernier facteur".
(c) La conclusion a tirer sur la question de savoir si un
prejudice a ete cause aux ouvrietrs par l'accroissement des
importations devrait necessairement faire entrer en ligne de
compte non seulement la baisse des effectifs moyens occupes, GATT/CP/106
Page 9
mais egalement les chiffres reels du chomage, dans
l'industrie :du chapeau. Or, les chiffres en question
n'ont pas ete fournis. La baisse certaine du volume
de l'emploi dans la region dont il s'agit est surtout imputable
a des facteurs autres que l'accroissement des
importations. La these selon laquelle il existe une
relation de cause a effet entre les imortations de
cloches des qualites speciales et la situation de
l'emploi dans l'industrie americaine du chapeau reate
extremement douteuse.
(d) L'hypotheses du representant das Etats-Unis selon
laquelle la baisse du volume de l'emploi a probablement
touche les cavriers qualifies et ages l.-,9a ete.:-
Qorroboree par aucun element de preuve. Au contraire
il semblertait plus raisonable de presumer que les
ouvriers qualifies n'ont ete nullement touches, car
la production national de cloches des qualites speciales
qui necessite dcs effcctifs plus importants d'ouvriers
qualifies a augmente, ainsi qu'il a ete reconnu. Les
statistiques de l'emploi font ressortir une tendance
a la hausse pendant le premier semestre de 1950. Il
est tres probable que cette hausse est imputable a
l'accroissment de la production nationale des cloches
de qualites speciales.
(e) Ces considerations, ainsi que le fait que le taux des
salaires des ouvriers travaillement dans l'industrie
americaino des cloches pour chapeaux de dames en fautre
de poil n'a pas ete affecte, prouvent que l'accroisse-
ment des importations n'a ponte ni menace de porter
aucun prejudice aux travailleurs.
22. Par ailleurs, le representant de la Tchecoslovaquie a
fait valoir que l'accroissemont des impotations de cloches
de quaIites speciales n'a pas menace la production national
de ces categories de produits. Au contraire le changement
de mode. cree par les fournisseurs strangers et leurs organismes
de vente ainsi. que l'accroissement de cette dernande particuliere
qui en a resulte ont donne, aux producteurs nationaux la possibility
de lancer et de developper rapidement la production de ces
cloches speciales:
(a) II a ete reconnu t qu'aux Etats-Unis il n'existait aucune
production de ces cloches speciales en 1947. Les producteurs
nationaux ont commence s a. -:l aTbriquer Te.1948 par suite d'une
expansion du marche. L'accroissement de la production
nationale americaine de cloches de qualites speciales ressort
tres clairement du tableau suivant etabli d'apres les donnees
fournies par le representant des Etats-Unis GATT/CP/106
Page 10
Production Pourcentage de l'accrois- Indice de la
(en milliers de sement par rapport a production
douzaines) l'annee precedente (1948 = 100)
1947 neant
1948 15 - 100
1949 25 66' 166
1950 100 (1) 400 (1) 666 (1)
Il ressort dune comparison entre le taux d'accroissement des importations
et celui de l'accroissement de la production des cloches de qualites speciales
que la production nationale s'est accrue relativement plus que les importa-
tions.
Indice des importations Indice de la pro-
duction nationale
1948 100 100
1949 269 166
1950 580 666 (1)
Selon les donnees fournies par le representant des Etats-Unis, la veritable
situation de la production national de cloches de qualites speciales est
la suivante
15 entreprises ont produit la plupart des cloches pour chapeaux de
dames en feutre de poil fabriquees par l'industrie national;
14. d'entre elles ont fabrique des taupes et veloutes ou des echan-
tillons de ces produits, soit en 1949 soit en 1950;
10 entreprises sur les 14 en question ont fait savoir qu'elles
n'etaient pas en mesure de fabriquer un produit concurrent et
de le vendre a un prix susceptible de soutenir la concurrence des
cloches d'importation. Les prix indiques par les producteurs en
question s'echelonnent de 25 a 28 dollars la douzaine. Cette
declaration n'a fait l'objet d'aucune enquete;
4 des 14. entreprises precitees ont indique que leur prix de vente
etait de 18 dollars; Il est manifeste que les 4 entreprises dont
il s'agit etaient les seules dont la production fut a peu pres
satisfaisante. Il ressort des donnees fournies par les Etats-Unis
que, sur une production totale de 25.000 douzaines pour le premier
semestre de 1950, 25.000 douzaines sortaient des usines en question,
dont l'une considerait le prix de 18 dollars comme satisfaisant..
I est evident que les 10 autrus ne rabriquaient que des
echantillons, que leur production en etait au stade experimental
et que c'est la la raison de leur cout eleve et de leur inaptitude
a soutenir la concurrence.
(b) La these des Etats-Unis d'Amerique, selon laquelle la production
national de cloches en feutre uni a ete touchee "dans une certain measure"
par l'accroissement des importations de veloutes et de taupes, ne resiste
pas a l'examen. l'on pouvait s'attendre que la production national de
cloches en feutre uni baisserait parceque les producteurs s'orienteraient.
(1) D'apres les chiffres fournis au representant de la Tchecoslovaquie par
ses sources d'information personneles aux Etats-Unis d'Amerique. Le
chiffre estimatif annuel obtenu en multipliant par 2 celui de la
production du premier semestre de 1950 strait de 50.000 douzaines. GATT/CP/106
Page 11
vers la production.de-cloches de qualites speciales et qu'en consequence
une, partie de leur capacite de production (cterieurement consacree a la
seule fabrication des cloches en feutre uni serait absorbee dans; le
processus. de la, production des veloutes et des taupes. .Mais enrealite,
l'ensemble de la production national des cloches aux Etats-Unis n'a
enregistre aucune baisse.
Production nationale Pourcentage de . Indice de la
l'accroissement par production
(en milliers de rapport a l'annee (1947= 100)
douzaines) precedent
1947 487 . . 100
1948 : 629 + 29 129
1949. 566 - 10 116
1950 (1)(est., 650 + 15. 133
Ainsi, la: production nationale de cloches. pour chapeaux de dames en, feutre
de poil depassait de 33% le niveau de 1947, date a laquelle la concession
a ete, octroyee. .
L'evolution reelle de la production national americaine de cloches pour
chapeaux de dames en feutre de poil de 1947 a la fin de 1950 montre que
l'accroissement des importations de taupes et veloutes n'a pas cause de
prejudice serieux a cette industrie. Le representant de la Tchecoslovaquie
S'est refere a un graphique etabli pai lui sur la base des donnees fournies
par les Etats-Unis et indiquait l'evolution reele de la production aux
Etats-Unis. (2) II s'est en fait produit ceci: le changement de mode a
fait apparaitre un nouveau debouche et le demande a ete telle qu'en 1949
et dans. le premier semestre de 1950 les exportatours ainsi d'ailleurs que
les proeducteurs nationaux n ont pas ete en mesure d'executer toutes les
commandes des qualites speciales qu'ils avaient reques. La production
des cloches en feutre uni est restee stationnaire, la production national
de ces articles a ete estinmee' par le representent de la Tchecoslovaquie
a. 487,000 douzaines en 1947,. 614.000 en. 1948, 541.000 en 1949 et 550.000
en 1950, La mesure prise par le Gouvernement des. Etats-Unis visit non
point a proteger l'industrie nationale contre la menace d'un prejudice,
mais a proteger les productours nationaux dens leur tentative de s.'emparer
d'un nouveau marche, de le monopoliser en etrsnglant le commerce
d'importation et de resliser des benefices quils n'avaient jamis faits
auparavant. En l'occurrence le recourse aux disposition de l'article
XIX est tout a fait injustifie.
(c) Les producteurs ameridains de cloches de qualites speciales ne so
sont pas trouves, sur le plan de la concurrence, serieusement desavantages
par rapport aux fournisseurs etrangers. La production national etait
suffisaimlent protegee par le droit reduit (40 -55%) auquel venaient s'ajouter
d'autres frais d'imp rtatien. Le reprentent des Etats-Unis n'a pas ete
en mesure de fournir de chiffres precis concernant la part des salaires
qui entrent dans le cout du produit national. Le representant de la
(1) Chiffre obtenu en ajoutant le chiffre estimatif de 43% pour le mois
de decembre au chiffre de 607 pour les onze premiers mois de 1950.
(2) Voir document GATT/IW,1/2/Corr. 1 GATT/CP/106
Page 12
Tchecoslovaquie a fourni le chiffre en question pour la production britan-
nique. de taupes et veloutes :-37 - 45 ,. Il se, pout cue cette proportion
soit legerement inferieure dangle cout de la production en Tchecoslovaquie,
qui ne resulte point du bas salaires, mais qui est au contrdire la consequence
du haut niveau de productivite de l'industrie tchecoslovaque. Quoiqu' il en
soit, il n'est nullement certain que la part des salaires, incorporee dans le
prix de revient du produit aux Etats-Unis soit superieure au droit negocie a
Geneve. Meme les productours americains, dont le prix de revient des echar-
tillons est manifesterment greve par les charges d'une production experimen-
tale, pouvaient vendre a des prix variant de 25 a 28 dollars. La grosse Ma-
jorite des cloches importees se vendait sur le marche americain de 19 a 35
dolIars la douzaine. L'illusion seolon laquelle les producteurs nationaux au-
raient ete desavantages sur le plan de la concurrence provient de ce que l'on
a compare le prix de vente des producteurs nationaux avec le prix minimum des
produits importes, soit 19 dollars, et non point avec tout l'eventail des
prix, Aucun renseignernent n'a ete fourni concernant les profits et les divi-
dendes des entreprises americaines de fabrication de cloches pour chapeaux de
dames et la preuve n'a pas ete apportee qu'apres l'octroi de la concession
la situation ait ete defavorable aux profits et dividendes en question.
23, Enfin, sans mettre en doute la bonne foi de la commission tarifaire des
Etatts-Unis, le representant de la Tchecoslovaquie a soutenu qu'en suggerant
le retrait de la concession elle avait obei a une impression mal fondee et.
que les autorites americaines avaient commis une erreur en adoptant une telle
measure. S'appuyant ensuite sur un graphique (1) ou figurent les courbes de
la production rnensuelle national en 1948, 1949 et 1950 et comparant les cour-
bes en question avec la chronologie des evenoments correspondant aux mesuras
prises par les autorites americaines, le representant de la Tchecoslovaquie a
declare ce qui suit
(a) V'enquete a ete entreprise a une epoque ou la production ame6-
ricaine etait. faible, situation normale au debut de l'annee.
(b) Le rapport, faisant valor un prejudice serieux, a ete adresse
au president a une date ou la production rationale avait deja
atteint la pointe saisonniere habituelle. Les statistiques
publiees ulterieurement indiquent qu'en 1950 cette pointe sai-
sonniere a atteint le chiffre le plus eleve enregistre depuis
la guerre.
(c) Le retrait a ete prornulgue a une epoque ou la production na-
tionale s'accroissait dans des proportions considerables. Le
representant do la. Tchecoslovcquie a soutenu que les autorites
americaines auraient pu et auraient du, a l'epooue, tenir compete
des tondcances les plus recentes de la production national et
cIu'en consecqence elles aumient du s' abstenir de retirer la con-
cession, A ce moment, il n'etait plus necessaire d'invoquer les
dispositions de l'article XIX,
(1) Voir GATT/CP/IW.1/2/Corr.1 GATT/CP/106
Page 13
24. Les autres membres du Groupe de travail ont exprime les
opinions suivantes en ce qui concern l'existence d'un prjudice
serieux. Come le Groupe de travail etait charge d'examiner si
les mesures prises par les Etats-Unis a l'automne de 1950 etaient
conformes aux dispositions de l'article XIX, la question qui se pose
-en l'occurrence est de savoir si un prejudice serieux a ete porte
ou menaçait d'ttre port a l'industrie des cloches pour chapeaux
de dames aux Etats-Unis 'a l'epoque ou a ete effectue l'enquete de
la commission tarifaire sur laquelle se fondent les mesures prises
par le gouvernement americain. A cet egard, les renseignements-
qui ont ete connus' ulterieurement, en particulier les chiffres
de la production et des importations pendant le second semestre
de 1950, n'ont pas a entrer en ligne de compte dans l'examen de
cc point.
25. Deux sorts de renseignements ont ete fournis:
(a) donnees concernant le volume des importations et de la
* production americaine;
(b) statistiques de l'emploi dans l'industrie du chapeau
aux Etats-Unis et du chemage dans certaines regions
ou est localisee l'industrie du chapeau.
26. En ce qui concerne la premiere serie de renseignements,
les statistiques concernant le rapport des importations et de la
production national jusqu'au milieu de 1950 indiquent que le
volume des importations s'est accru dans des proportions impor-
tantes et a une cadence rapide alors que la production national
baissait ou restait stationnaire. En consequence, ces
statistiques constituent une preuve appreciable a l'appui de. la
.these selon laquelle il y a eu menace de prejudice serieux pour
l'industrie des chapeaux aux Etats-Unis.
27. En revanche, il convient de relever que la declaration
suivante figure dans le rapport de la commission du tariff.
"Les importations des cloches de chapeaux de ces qualiters
specials ont affecte dans une certaine measure la
fabrication national de cloches de chapeaux de feutre
uni, particulierement dans les prix eleves. Plus
specialement toutefois, ces importations ont rigoureuse-
ment limite la creation et le developpement d'une
production national de ces qualities speciales".
28. A cet egard, il convient d'obsrver que l'article XIX
ne peut etre invoque pour justifier une proposition de retrait
d'une concession tarifaire en vue de faciliter l'etablissemnent ou
le developpement de la fabrication nationale d'un produit nouveau
ou d'une variete nouvelle pour lesquels les fournisseurs d'outre-
mer ont cree un debouche nouveau; une telle proposition devrauit etre
introduite en application d'autres dispositions de l'accord
general tells que l'Article XVIII. En revanche, on peut invoquer
l'article XIX si un produit nouveau ou une variete nouvelle
imports sur le territoire d'une parties contractante se substituent
aux produits ordinaires de l'industrie national dans des
proportions telles qu'ils portent ou menacent de porter un pr ju-
dice serieux . la production du pays. Le passage cite au para-
graphc:27 ci-dessus semblerait contredire la these selon laquelle GATT/CP/106
Page 14
il y avait prejudice reel ou imminent pour la. production nationale. Neanmoins,
jusqu'au milieu de l'annee 1950, les statistioues semblent indiquer dons l'en-
semble que les veloutes, toupes et autres qunlites speciales d'importation se
sont substituees dans une larcre mesure aux cloches en feutre uni de production
national. Au surplus, au ccurs des trois dernieres annees les cloches de qua-
lites speciales d importation se sont vendues a des prix notablement plus bas
qu auparavant par rapport .ux cloches de feutre uni. Come ces types speciaux
pouvaient ainsi se vendre a des prix moyens, ce qui n'etait pas le cas aupra-
vant, il est fort possible qu'ulterieurement, si les Etats-Unis n'avaient pas
releve' les droits a l'importation, ces qualites speciales eussent pu fire dis-
paraitre, du marchee americain, dans des proportions bien plus considerables,
les chapeaux en feutre uni de fabrication nationale.
29, Les statisticues de l'emploi et du chomage ne sont pas cancluantes. Les
chiffres moyens annuals de lemploi dans l'industrie des cloches en feutre de
poil indicuent qu'en 1949 les effectifs moyens des tavailleurs avaient dimi-
nue d'environ 15 % par rapport a 1947. Toutefois, ces chiffres concernent la
fabrication des cloches pour chapeaux d'hommes ot de dames ot 1'on nu voit pas
tres claircment a quel point la reduction en question est imputable a un fle-
chissement de la demande de cloches pour ohapeaux de dames do production na-
tionale ni dans quelle mesure elle est duc aux autres facteurs, etant donne
surtout quu la majeure parties des effectifs ouvriers interesses travaille a la
fabrication des cloches pour chapeaux d'hommes. Les chiffres du chomage glo-
bal a Danbury et a Norwalk, centres ou la fabricoation des chapeaux constitue
la principle industries, font -ppuraltre en 1949 une recrudescence relativement
elevee du chomage par rapport a 1947 et a. 1948. Toutefois, l'evolution des chiffres
du chomge global das les centres precites presente une divergence considerable
avec cllel des chiffres de, l'emploi dans l'industrie du chapeau de ces memes
villes de sorte quo l'on ne saurait tirer de conclusions precises des statistiques
en question,
30. En resume, les donnees fournies confirment l'opinion selon laquelle l'ac-
croissement des importcation avait porte ou menace de porterprejudice aux produc-
tours americains. La question de savoir si un tel prejudice doit etre considere
comme un "prejudice serieux" est tout autre. A cet egard, on ne saurait dire
que les chiffres fournis premttent de tirer des conclusions valables dans un
sens ou dans l'autres et touted opinion sur ce point est avant tout unc question
de jugement d'ordre ecopnomique et social impliouant un elerntent subjectif impor-
tant,. A ce apropos, l'on pout signaler que le Groupe de travail.ne pouvait avoir
les moyens materiels dont disposaient les autorites americaines pour intorroger
les parties en cause et des temoins impartiaux dans la regrion ou est localisee
l'industrie des chapeaux et pour se fair une opinion sur Ia foi de leurs depo-
sitions. Au surplus, il est poutetre inevitable qu'a l'occosion les gouverne-
ments accordent relativement plus de poids que no le ferait un orgarnisme inter-
national aux diffioultes ou aux oraintes de leurs productours nationaux et
qu'il leur apparaisse necessaire, pour des raisons d'ordre social (par exemple
faute d'autres possibilities d'emploi local) dc Lccorder une forte protection
U cert--ines industries dont le cout de production ust ancrmalonmtent elev6,
Dtaillours, les Etats-Unis n'ava ient pas L apporter la preuve positive cue Vl
prejudice port h cette industrie ou qui mzna..9ait de lui etre port6 doi.. etre
considered comme srrie.ux, Puisau'il s'lgit de savoir si los Et.ats-Unis eont
viol6 ou non 1tarticle XIX, on doit lour accorder le ben6fice du doute, Aucun
fait n'o 6te fourni oui apporte la pruuve corncluante qu'il serait daisogna-
ble de consid6rer core un prejudice serieux ou comme uner menace d'un tel
prejudice les repercussions d6favor.-ablos qui se sont exeroces sur 1'industrie
national en GATT/CP/106
Page 15
question par suite de l'accroissement des importations. Et,
dans l'ensemble, les faits tendent a. prouver que des consequences
defavorables se sont manifestees cu etaient imminentes. En
consequence, l'on doit conclure que la delegation tchecoslovaque
n'a pas reussi a etablir qu'aucun prejudice serieux n'a existe
ou n'etait imminent.
IV. Portee et duree de la measure prise par les Etats-Unis d'Amerique.
31. Portee de la measure. l'article XIX dispose que le recours
aux dispositions du paragraphe ler n'est autcrise quc dans la
mesure necessaire pour prevenir .ou reparer le prejudice. A cet
egard, deux considerations ont ete soulignees:
(a) l'etendue des produits vises par le retrait;
(b) le renforcement de la protection tarifaite qui en a
resulte.
32 Le Gouvernement des Etats-Unis n'a pas retire en totality
la concession reprise au paragraph 1526 (a); les concessions
octroyees sur les chapeaux de dunes et cloches pour chapeaux de, dames
evaluecs a moins. de 9 dollars la douzaine et sur ceux evalues a
plus de 24 dollars la douzaine, ainsi que celles concerxnant les
chapeaux et cloches pour chapeaux d'hommes et de garçonnets n'ont
pas ete touuhees, car les produits en question no satisfont pas
aux prescriptions de article XIX: les articles pour dames dans
les categories de valeurs qui ne sont pas touchees par le retrait
et qui constituaient une part importante du total des importations
de chapeaux et de cloches avant 1948, ont epresente ulterieure-
ment un pourcentage des importations qui n'a guere depase 10%.
33. En ce qui con-cerne les modifications qui en ont resulte
pour le niveau de la production, le retrait de la concession a
eu pour effet de retablir les droits combines repris dans le
Tariff Act de 1930. Ainsi, la situation des droits serait de
nouveau la meme gu'avant l'octroi de la concession de Geneve,
si ce n'est que les chapeaux et cloches pour chapeaux valant de
18 a 24 dollars la douzaine perdaient egalement le benefice du
droit reduit de 50% gui etait en vigueur depuis le ler janvier
1939. Lo pourcentage moyen du relevment des droits applicables
aux quatre categories de valeurs echelonnees de 19 5 24 dollars
la douzaine resultant du retrait de la concession octroyee a
Geneve a ete de 49%.(1)
34. Le representant de la Tchecoclovaquie a emis des doutes
sur la question de savoir si l'accroissement substantial des droits
resultant du retrait effactue etait necessaire pour prevenir ou
reparer le pretendu prejudice et si le retablissement de taux
prohibitifs pour permettre a. une industrie economiqument malsaine
de survivre etait conforme aux objets de l'Accord general.
(1) Ce chiffre a ete, obtenu (1) en oalculant, pour chaoune des
categorie.de valueurs en question l'incidence pour la valour
mendisne du droit combine restant en vigueur et en expriemant
la- difference entre cette incidence ot le droit ad valoren
repris dans l'Accord general en poureentage le co droit: (2)
en prenount ensuite la moyene arithmetique non' poanderee de ces
qutre pourccntrarges. On trouvura des renseiganemtnets complemen-
taxires au tableau qui figure dans l'annexe.. GATT/CP/106
Page 16
35. Les autres membres du Groupe de travail ont estime qu'il
etait impossible de determiner . a l'avance et avec precision le
niveau des droits a l'importation necessaires pour permettre a une
industrie americaine do soutenir la concurrence des fournisseurs
etrangers dans les conditions actuclles de concurrence du marche
americain at il leur est apparu souhaitable que le Gouvernement
americain reexaminat la situation periodiquement, compte tenu des
consequences qua les taux des droits plus eleves actuellement en
vigueur pourront exercer sur la situation economique.
36. Duree de la mesurp prise par les Etats-Unis. L'article
XIX dispose egalement que touta mesure prise en application du
paragraphe ler ne durera que pendant le temps qui pourra etre
necessaire pour prevenir ou reparer la prejudice. Le gouvernement
des Etats-Unis a decide de retirer la concession sans indication
de duree afin de reparer le prejudice qui, a son avis, avait ete
cause at d'eviter tout danger de persistence et d'aggravation.
A cet egard, le representant des Etats-Unis a declare que, dans la
pratique, il serait-difficile de limiter la duree du retrait.
Il se peut que las Etats-Unis soint obliges de recourir a des
procedures analogues a cells suivies pour negocier une nouvelle
concession tarifaire, avant de reduire a nouveau les droits sur.
les cloches pour chapeaux de dames en feutre. Au surplus, les
consultations avec deux parties contractentes effectuees en vertu
du paragraphe 2 de l'article XIX aboutiront probablement a un
accord en matiere de compensation et si, a une date ultericure,
la concession etait retablie, son retablissement mettrait en cause
le maintien en vigueur de ces compensations.
37. En l'espece, les autres membres du Groupe de travail ont
emis l'opinion que les preuves fournies indiquaient qu'il
s'agissait plutot de difficultes temporaires dans l'industrie en
question et qu'elles n'excluaient pas la possibility, dans un
proche avenir, d'un heureux rajustement qui permettrait aux pro-
ducteurs de se passer en totalite ou en partie de la protection
additionnelle accordee grace aux mesures prises en application
de l'article XIX.
38. Le chiffre de la production nationale pour les 11 premiers
mois de 1950 indique que la tendance a la baisse qui au mois du
septembre a incite les autorites armericaines a conclure qu'un .
prejudice serieux avait ete cause ou menaçait d'etre cause a cesse,
du moins temporairement. II a ete generalement reconnu que les
donnees en question no permettaient de tirer aucure conclusion
categorique, car il conviont de considerer le deuxieme semestre
de 1950 comme anormal a bien des egards. Neanmoins, ces faits
constituent des raisons supplementaires de considerer qu'il est
souhaitable de suivre l'evolution de la situation pour quo les
concessions tarifaires de 1947 soient retablies en totalite ou
en partie, ainsi qud le preserit l'article XIX, des que l'industrie
americaine sera en mesure de soutenir la concurrence des produits
importes sans le secours de droits plus eleves.
39. En ce qui concerne les difficultes techniques que souleve
la question des compensations, les represents de l'Italie et de
la France ont emis l'opinion qu'elles n'etaient pas insurmontables;
ils ont declare que leurs gouvernoments accepteraiant de iAtablir
l'equilibre des concessions echangeasi le gouvernement americain
decidait ulterieurement qu il est en mesure de retabir les
concessions sur les chapeaux et sur les clothes. GATT/CP/106
Page 17
V. Prescriptions de l'article XIX en matiere de procedure.
40. Le paragraphe 2 de l'article XIX stipule qu'une partie contractante
qui se propose de prendre des mesures en application de l'article en
avisera les Parties Contractantes par eorit le plus longtemps possible
d'avance. La Commission tarif aire a fait rapport au President a la date
du 25 septembre 1950. La notification a ete addressee aux Parties
Contractantes le 19 octobre. Le retrait de la concession a ete promulgue
au debut de novembre; il est entre en vigueur le ler decembre. II convient
d'observer egalement que le retrait envisage a ete fait l'objet d'un
communique de presse le 19 octobre,
41. Le paregraphe 2 dispose egalement que tout gouvernement qui invoque
article XIX doit offrir aux autres gouvernements interesses l'occasion
d'entrer en consultation avec lui. Des le 19 octobre le gouvernement des
Etats-Unis s'est declare pret et entrer en consultation et les trois
parties contractantes interessees de façon substintielle ont accepte.
cette offre,
42. Pour ce qui est de l'epoque a laquelle les consultationsdoivent avoir
lieu, deux procedures sont definies a l'article XIX. En regle generale,
il doit y avoir "consultation prealable", mais dans des circonstances
exceptionnelles la measure pout etre prise a titre provisoire, a condition
que la consultation ait lieu immediatement apres. Le gouvernement des,
Etats-Unis a invoque la second procedure, bien qu' en avisant les
Parties Contractantes plus d'un mois avant l'entree en vigueur du retrait
il ait permise dux pays exportateurs d'entrer en consultation avant que
le relevement des droits devienne effectif. Les imprtatours americains
fixent generalement les prix et les modeles pour la saison des le mois
de decombre ou de janvier, et les premiers contrats sont alors passes.
En consequenoe, le gouvernment des Etats-Unis estimait que si le retrait
etait entre en vigueur appres le ler decembre 1950, un prejudice
difficilement reparable serait cause. Bien que le retrait ait ete annonce
des le 19 octobre 1950 on peut le considerer comm une mesure provisoire,
car il aurait ete juridiquement possible de rapporter cette mesure avant
le ler decembre. Il a toutefois ete souligne qu'en fait il autait ete Plus
diffficile de rapporter la mesure envisagee, car elle avait fait l'objet
d'un communique de press,
43. Bien que les consultations n'aient pas abouti a un accord avec
toutes les parties interessees, les Etats-Unis ont retire la concession
comme il leur etait loisible de le faire on vartu des dispositions
du paragraphe 3 de l'article XIX.
44. Le representant de le Tchecosloyaquie a doute que be mesure prise
par les Etats-Unis d'Amerique fut d'un caractere "provisoire" et qu'en
1 occurrence il se soit agi de circonstances critiques.
45. Les autres membres du Groupe de travail ont estime que le procedure
suivie par le Gouvernement des Etats-Unis etait corforme aux dispositions
de l'article XIX. Ils ont releve que le procedure engagee devant la
commission tarifaire ne pouvait pas avoir echappe a l'attention des pays
exportateteurs qui avaient alors l'occasion d'entrer en consultation avec
be gouverment des Etats-Unis en corforinite des dispositions de I'article
XXII de l'Accord. Ils ont egalement reconLu qu la duree de cette prdcedure GATT/CP/106
Page 18
et la publicite dont elle a fait l'objet aux Etits-Unis peuvent avoir
accru les risques de speculation et que ces circonstances particulieres
ont naturellemt amene les autorites americaines a panser qu'il etait
necessaire d'agir sans retard. sitot prise Ia decision de retirer la
concession.
46. A cet egard, le Groupe de travail tient a signaler a l'attention
des Parties Contractantes qu'il convient d'attendre le plus possible
avant de rendre publique une mesure envisagee en Application de l'article
XIX, car une divulgation prematuree empecherait le gouvernement qui se
propose de prendre la mesure en, question de tenir dument compte des
representations que lui adreaseraient les autres parties contractantes
au course des consultations..
VI, Conclusions
47. Les paragraphes suivents contiennaitles conclusions auxquelles sont
arrives les membres du Groupe de travail autres que les representants
de la Techecoslovaquie et des Etats-Unis.
48. Los membres du Groupe de travail dont il s'agit sont eonvaincus
que les autorites americaines ont effectue une enquete complete, vu les
renseignements dont elles disposaient a l'epoque, et qu'elles sont
arrivees en toute bonne foi.a la conclusion que les mesures envisagees
etaient conformes aux dispositions 'de l'article XIX tel qu'elles croyaient
devoir l'interpreter, Au surplus, les divergences d'interpretation
qui se sont manifestees au cours de la discussion ne sont
pas de nature a modifier l'opinion de ces membres sur le cas d'espece.
Si, comme cela est naturel, ils ont accorde, en appreciant les faits,
l'importance qui leur est apparue appropriee aux facteurs d'ordre international
at aux consequences que les mesures prises en application de l'article
XIX ont eues sur les. interets des pays exportateurs, alors que les autorites
americaines devaient normalement etre portees a accorder plus de poids .
aux facteurs d'ordre national., il y a lieu de reconnaitre que toute opinion
en la matiere ne peut manquer de constitute dans une certhaine mesure un
jugement d'ordre economique.et qu'il est naturel que les gouvernements
soient a l'occasion considerablement influences par des facteurs d'ordre
social tels oue les problemes d'emploi local. Il n'y aurait pas lieu de
considerer que leretrait une concession tarifaire qui en resulte est
automatiquement contraire aux dispositions d l'article XIX, a moins que le
gouvernement interesse n'attache a ces faceurs un poids vraiment excessif.
49. Pour los raison precitees, les membres en question du Groupe de
travail sont. arrives a la conclusion qu'aucune preuve determinante n'avait
ete apportee pour demontrer que les mesures prises par le gouvornement des
Etats-Unis d'Amerique en application de l'articte XIX constituent un
manquement aux engagements qu'il a contractes aux termes de l'Accord general.
50, Ils tiennent toutofois a souligner qu'l leur avis les mesures prises
en application de l'article XIX revetent essentiellement un caractere d'ur-
¢waoe at qu'en regle generole elles devraient etre d'une duree limitee.
Tout gouvernement qui prend des measures en application dudit article devrait
suivre l'evolution de la situation et etre pret a reconsiderer Ia measure
prise des que celle-ci cesse d'etre necessaire pour prevenir ou reparer un
prejudice serieux. En l'ospece, l'evolution des evenements posterieurs a
la decision de relever les droits dont il s'agit indiquerait qu'il serait
souhaitable que le Gouvernement des Etats-Unis suivit l'evolution de la
consommation, de la production et des importations au cours des mois a venir
en vue de retablir en totality ou en partie les concessions sur les cloches
pour chapeaux des qu'il apparaitra que le maintien du retrait total de ces
concessions ne peut plus raisonnablement etre considere comme autorise en vertu
de l'article XIX. GATT/CP/106
Page 19
Annexe
Cloches pour chapeaux de dames en feutre de poil : modifications
recentes apportees aux droits applicables aux categories de valour
visees par les mesures prises par les Etats-Unis en application
de l'article XIX.
:Tariff Act de 1930 et :Droit ad valorem Reduction :Relevment:
: : situation en 1951: :pour la mediane
Categorie :equivalents ad valorem :de la categorie '1930-1948 :1948-1951
. des droits combines :Tariff : 1948
:(valeur par :pour le. mini-:pour le :Actde1930, (en %) : (en %)
:mum de chaque:maximum de:et 1951 :
: douzaine) : categorie : chaque :
:categorie : :
:$ 9 - $ 12 80,6 66,7 :73,65 55,0 25,3 :: 33,9
$ 12 - $ 15 75,0 65,0 : 70,0 47,5 : 32,1 : 47,4
$ 15 - $ 18 : 71,7 : 63,9 : 67,8 : 47,5 : 25;,9 : 42,7 :
:$ 18 - $ 24 : 75,0 : 62,5 : 68,75 : 40,0 : 41,8 : 71 ,9
Moyenne arithmetique simple ,.....,, 32,3 : 49,0
* 5 * * 5
Le droit applicable a cette categorie avait ete ramene a
valorem en vertu de l'accord de commerce anglo-americain
50 pour cent ad
de 1938.
Le
retrait de la concession de Geneve a ramene le droit au taux du Tariff
Act de 1930.
1/ |
GATT Library | qs414bh6505 | Record of the First Meeting of the Sub-Groupe London, 13-15 December 1951 | General Agreement on Tariffs and Trade, December 17, 1951 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Intersessional Working Party on the Reduction of Tariff Levels | 17/12/1951 | official documents | GATT/IW.2/8 and GATT/IC/SR.1-3 IC/SR.4-11 GATT/IC/1-8 IC/W/1-23 CP/IW.1/1-3 GATT/CP/IW.1/4 GATT/IW.2/1-14 IW.2/15-16 | https://exhibits.stanford.edu/gatt/catalog/qs414bh6505 | qs414bh6505_91850039.xml | GATT_140 | 1,484 | 9,250 | RESTRICTED
GENERAL AGREEMENT ON LIMITED C
GATT/IW.2/8
TARIFFS AND TRADE 17 December 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
INTERSESSIONAL WORKING PARTY ON THE
REDUCTION OF TARIFF LEVELS
Record of the First Meeting of the Sub-Groupe
London, 13-15 December 1951
This first meeting of the Sub-Group was convened for the limited
purpose of securing elucidation of technical details of the proposal for
the general lowering of customs tariffs which was submitted to the Contracting
Parties by the French Government at the Sixth Session in September. The
meeting was intended to provide an opportunity for the members of the Sub-
Group - especially those interested in particular aspects of the plan - to ask
questions and to secure indications of how the plan might be put into operation.
The description of the plan contained in the papers distributed at
the Sixth Session - GATT/CP.6/23 and GATT/IW.2/5 was supplemented by a
new paper distributed by the French Qovernment, GATT/IW.2/%.
Explanations of the manner in which the plan might be applied and the
decisions of the Sub-Group concerning its program of work are summarised
below:
1. The Nommenclature to be used in the classification of commodities
The majority of the members of the Sub-Group agreed that their discussions
should be based upon the Standard International Trade Classification of
the United Nations in preference to the Brussels Nomenclature:
Tho representatives of the United Kingdom and Italy expressed Approval
of the Fronch proposal that commodities should be divided into only a few,
divisions; the United Kingdom suggested three divisions. On the other hand,
the representatives of Denmark, the Hethorlads and Germany favourod a
much larger number of divisions oh the ground that they could then feel
more confident that the commodities on which rates would be reduced would
include those subject to high tutios. If there were only a small number
of divisions, some other guarantee would be required tat the plan would
result in high rates being effectively reduced. No decision was reached
on this matter but the Sub-Group decided, in order to assist in the further
consideration of the question of the divisions to be adopted, that the
member countries shoudl submit statistics of the value of their imports
under each of the 52 divisions of the Standard Internatical Trade
Classification. This decision does not imply any commitment as to the final
number of divisions to be adopted. GATT/IW.2/8
Page 2
3. Calculation of weighted average levels of rates of duty
It was suggested that such member of the SubGroup should make a
computation of the incidence of its rates of duty on the commodities
included within each of the 52 division, but some representatives said
that there would be great practical difficulties in carrying out this
study and they doubted whether it would in fact assist the Sub-Group to
arrive at a rccouendation on the number of commodity divisions to which
the plan should be applied. It was therefore decided to confine the
preliminary exercise to the total values of Imports in each of the 52
divisions.
4. Selection of a base year for studies of the plan
It was agreed that, until 1951 data became available, 1950 should
serve as the reference period for studies on the application of the plan;
but it was agreed that for Italy the period 15 July 1950 - 31July 1951,
might be used in order to have a period during which the nov Italian
tariff was in force.
In this connection, the-United Kingdom representative explained.
that whatever base year was finally adopted, they could base their
calculations of weighted averages only on actual duty collections in the
reforence period selected for studies of the plan, and-not on the figures
of total duties which would have been collected if the rates. specified
in the Tariff for that period or for any other period, had boon applied
in full
It was decided that, before agreeing that coutries might be
permitted if they so wished to exclude from their calculation of the
weighted average levels of duties goods imported mainly from countries
which are not parties to the General Agreement, they should submit lists
of the items they would wish to exclude
6.Fiacal duties
Some representatives referred to the need to exclude fiscal duties
from the exercise. It we agreed that countries should submit lists
showing the items they might wish so to exclude,
7. Goods not produced in the inporting country
The majority of the member of the Sub-Groupe were in agreement with
the revised plan of the French Government (GATT/IW.2/7), which does not
provide for the exclusion from the computation of the weighted average level
of tariffs, duties on products which the importing country does not produce. GATT/IW.2/8
Page 3.
8. Internal taxes
It was agreed that, internal taxes and charges which are levied on
imports should also be considered. It was decided that countries should
provide a description of the nature and rates of such taxes.
9. Suspended duties
The members of the Subgroup considered whether the calculation of
weighted average levels of duties should be based upon actual revenue
receipts' or upon the amount of duty which, would have been collected if the
legal rates had been wholly applied; in the case of duties suspended
wholly or in part it might be impossible for some countries to calculate
the -mount which would have been collected if the duties had not been
suspended. It was noted that this question would require further study.
10 Countrervailing duties
A member enquired as to the, treatment of a duty which was partly
protective and partly a counterveiling duty corresponding to an internal
tax. The representative of France said in reply that the plan was not
intended to apply to countervailing duties, and therefore in his view,
any part of a rate which was applied for that purpose could be excluded.
11. Products involved in the Schuman Plan or other plans for economic
The Sub-Group felt that for the time being there was no need to
provide for special treatment for such products.
12. Other derogations
The representative of Italy askod the Sub-Group to note that he might
wish' to suggest derogatione for certain Important food products such as
wheat,
13. Treatment of ceiling rates
In reply to a question, the French representative said that, in hin
opinion, the duty rate to be taken into account for the computation of the
weighted average levels should be the legal rato rather than any higher
ceiling rate which might have been bound under the General Agreement,
14. The binding offect of the reductions
In reply to a question, the French representative explained that the
plon would not impose any binding obligation upon a particular rate of duty,
but would bind the average incidence of the duties on the products within`
each commodity division; thus some duties could be raised if others wire
lowered. GATT/IW.2/8
Page 4.
15. Prohibitive duties
Several members expressed the view that the definition of prohibitive
duties and the treatment proposed In the French plan were inadequate and
they were concerned that the plan should include some means of dealing
effectively with duties which hamper the normal conduct of trado. These
members were invited to submit proposals for discussion at a subsequent
meeting.
Some members will submit proposals for the application of the plan
in a special manner to countries which maintainn only low or moderate duties
on large sectors of trade.
The Sub-Group decided to meet again in the latter part of Fobruary,
and it was agreed that the members would furnish to each other and to the
Secretariat the information act out in the Annex: GATT/IW.2/8
Page 5.
ANNEX
Data which members of the Sub-Group have undertaken to furnish:
1
1. The value of imports, as recorded for the most recent annual trade
statistics, if possible 1950, in each of the 52 divisions of the United
Nations' Standard International Trade Classification and in total; also
the total in each division as a percentage of total imports.
2. A description of the nature and the rates of internal taxos and other
internal charges2, including excise taxes, which are levied on imported goods.
3. A list of the articles subject to duties imposed for fiscal purposes
which the government would wish to exclude from the calculation of the
weighted average level of customs rates.
4. A list of articles which the government would wish to exclude from the
calculation of the weighted average level on the ground that more than 50%
is imported from countries which are not parties to the General Agreement,
with the relevant percentages.,
Two copies of the data enumerated above, in either English or French)
are to be addressed to each other member of the Sub-Group and six copies to
the Secretariat not later than 31 January 1952.
1 Unless otherwise stated, the data should refer to goods imported and
cleared for consumption.
2 Excluding stamp duty and statistical charges. |
GATT Library | mp752by0721 | Reductions in United Kingdom external expenditure : Memorandum by the Government of the United Kingdom | General Agreement on Tariffs and Trade, December 18, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 18/12/1951 | official documents | GATT/CP/134 and GATT/CP/134 | https://exhibits.stanford.edu/gatt/catalog/mp752by0721 | mp752by0721_90310117.xml | GATT_140 | 6,552 | 43,745 | RESTRICTED
LIMITED C
GENERAL AGREEMENT ON GATT/CP/134
18 December 1951
TARIFFS AND TRADE ORIGINAL: ENGLISH
CONTRACTING PARTIES
REDUCTIONS IN UNITED KINGDOM EXTERNAL EXPENDITURE
Memorandum by the Government of the United Kingdom¹
INTRODUCTORY
1. Owing to serious adverse developments in the Balance of Payments situation,
the United Kingdom Government have found it necessary to take a number of measures,
which were announced by the Chancellor of the Exchequer in the House of Commons on
the 7th November, to limit external expenditures These include. in particular,
the revocation of Open Licences, issued in pursuance of the trade liberalisation
policy of the O.E.E.C., for the import from Western European and certain other
countries of a number of classes of goods, and the replacement of these by import
licensing arrangements in most cases of the "global quota" type; and since this
step constitutes some reduction in the facilities for the admission into the
United Kingdom of "additional imports" in the sense of Annex J of the General
Agreement, the Government of the United Kingdom feel that it is appropriate, in
view of the provisions of paragraph 2 of that Annex, to inform the Contracting
Parties of this measure. In order, however, to enable the Contracting Parties
to see the action taken on the Open Licences in proper perspectives this memoran-
dum describes the complete series of direct measures taken to limit external ex-
penditure and the circumstances which have rendered these measures necessary*
GENERAL
2, Measures taken by United Kingdom. The adverse developments in the balance
of payments situation, and the steps decided upon by the United Kingdom Govern-
ment to moot theme were indicated in the Chancellorts statement of the 7th
November; the relevant parts of this statement are reproduced in Appendix I,
Those of the measures decided upon which directly affect imports and other
external expenditure are the following:--
(i) Revocation of certain Open Import Licences issued in pursuance of
the trade policy of liberalising trade with members of EP.U. and
certain other soft currency' areas and their replacement (in
general) by quota arrangements, together with certain reductions
in imports of other goods not previously on Open Licence This
step, which is described in more detail in paragraphs 4 to 7
¹Transmitted to the Secretariat by letter dated December 15, 1951. GATT/CP/134
Page 2
below should result in an economy of about £130 million of
foreign exchange expenditure in a year, as compared with the
estimated expenditure which would have been incurred had
these measures not been taken.
(ii) Limitation of expenditure on food imports (other than those
covered by head (i)). This will involve, in particular,
foregoing for the time being certain increases in the current
level of consumption of rationed foodstuffs. It will not
involve any appreciable cut on present levels.
(iii) A slowing down of the, further implementation of the strategic
stockpiling programme,.
(iv) A reduction in the annul per capital allowance of foreign exchange
for tourist expenditure, and other economies in "invisible"
expenditure.
3, Effect of These Measures. It is estimated that the action under heads
(ii) -(iv) above will result in an aconomy of approximately £220 million of
external expenditure in a year; this, together with the £30 million involved
under head (i), makes up the total reduction of about 350 million in a year
referred to by the Chancellor, In this connection, it should be mentioned that:-
(a) the figure of £350 million represents a reduction from the level
of imports and other external expenditure previously expected in
1952 not from the actual level of imports and other external ex-
penditure in 1950-51, Allowing for price changed, this would still
represent a rate of imports by volume appreciably higher than in
1950 and somewhat higher than in the first half of 1951.
(b) A large part of the figure of £220 million mentioned in respeect
of heads (ii) - (iv) above is accounted for by the slowing down of
stockpiling and the economies in "invisible" expenditure. Tho
major part of the cut under head (ii) is on foodstuffs imported on
Government account from Western Europe and from countries not
parties to the General Agreement, As explained above, this is a
cut in relation to anticipated increases in expenditure, not in
the current rates *
(c) The precise incidence of those reductions has not yet 'bbc finally
determined; but it may be Mentioned that it is already clear that
the total of such actual reductions (as compared with the rate of
imports hitherto prevailing) as are contemplated in the hard.
currency import program (i.e. imports other than those admitted
on a discriminatory basis in conformity with Annex J) will form ....
only a small part of the total cuts in cornercial imports. This
is, of course, because the hard-currency import progmme had; even
previously, necessarily been compiled on a basis of rigorous
economy. GATT/CP/134
Page 3
SUSPENSION OF LIBERALISATION MEASURES
4. Commodities Affected. The great bulk of the commodities in respect of
which Open Licences have been revoked and quotas substituted are listed in
Notice of Importers No. 467, which was published in the Board of Trade Journal of
24th November, a copy of which is attached as Appendix II. The remaining
commodities affected are listed in Notices to Importers Nos. 463 and 466 which
were published in the Board of Trade Journal of 10th November and in Notice to
Importers No, 469 published in the Board of Trade Journal of 8th December, and
copies of which will be made available to contracting parties on request. In
selecting the commodities to be subjected once again to import restrictions, the
United Kingdom Government have sought to maintain a high percentage of liberali-
sation overall and in each of the three. categories - raw materials, foodstuffs
and manufactured goods - and in particular to avoid so far as possible including
commodities named in the 0.E.C. "Common List", They have also done their best
to avoid unnecessary damage which bears especially on the commercial or economic
interests of other countries, But in applying these principles they have had to
have regard to the over-riding importance of securing the necessary savings in
the overseas expenditure of the United Kingdom, and to meeting the essential
needs of the United Kingdom economy. In addition they have had to take account
of administrative practicabilities, and have not reimposed restrictions on com-
modities which individually would afford only small savings and which taken
together would involve an excessive administrative burdens.
5. Countries affected. The Open Licences now revoked applied to imports from
O.E.E.C. member countries, the Sterling Area, and certain other non-dollar
countries the new measures of suspension apply to imports from all these sources
except the Sterling Area* (Since the present difficulties are a result of the
large deficit of the Sterling Area as a whole with the non-sterling area, a
reduction in imports into the United Kingdom from the rest of the Sterling Area
would not contribute to their solution).
6. Administration of Import Restrictions. In most cases, "global " quotas will
now apply to imports from all the countries, other than Sterling Area countries
to which the Open Licences formerly applied. The value of imports from this
group of countries under most of the headings for which quotas have been arranged
for the period up to 30th June next was published in the Notice to Importers
No. 467 reproduced as Appendix II and in allocating individual licences within
the quotas, account will be taken of the value of imports made by individual
applicants during the period 1st January - 30th June 1951. Each importer will
be free to use his licence to import from whichever one or more of the countries
in the group he pleases. Goods in transit which are shown to the satisfaction
of the Customs authorities to have been en route before the date of revocation
of Open Licences are being admitted without import licences.
7. Certain commodities, e.g. food and drink preparing and processing machinery,
will not be dealt with by means of "global" quotas but will be subject to
special licensing arrangements based on end use. GATT/CP/134
Page 4 APPENDIX I
IMPORT CUTS
Statement by Chancellor of the Exchequer
It has been generally known for some months that our balance of payments was
deteriorating, and that unless vigorous remedial action were taken we should be
once more in crisis as in 1947 and 1949. The previous Chancellor of the Exchequer,
who is sitting opposite me now, in a debate in July, said that the position was
getting worse, In his speech at the Mansionn House on 3rd October he announced
that the dollar deficit for the third quarter was 638 million dollars compared
with a surplus of 56 million dollars - a surplus in the second quarter and of
360 million dollars in the first quarters Those who listened to him could not
have doubted that whatever Government were returned to power an ugly situation
would be bequeathod to them, In fact, the warsening has continued over the
last few weeks.
The Prime Minister gave the House yesterday an outline of the grave position
we are now facings In the third quarter of this year the dollar deficit was
638 million dollars, In the month of October alone it was 320 million dollars.
It is not usual. I may say, to give figures except at the end of a quarter, but
the seriousness of the situation justifies my departing from precedent. In the
third quarter we had a deficit with the European Payments Union of £183 million.
In October alone the deficit was £89 million, and in a few days time we shall be
paying substantial amounts of gold to the Uniona
The present situation is one, therefore; in which the central gold and
dollar reserves of the sterling area are being drained away very fast} and a
situation in which the sterling area has a deficit with the European Payments
Union on a scale which will rapidly exhaust our quota and, indeed, may threaten
the stability of the Union itself.
The size of the figures, as hon. Members will observe, is evidence in part
of a weakening of confidence in sterling throughout the world. Any weakening
in confidence is bound to have a cumulative effect, Consequently, we must
immediately quench any doubts which there may be about the strength of sterling
and about our ability in the United Kingdom to manage its affairs effectively
We must put beyond question our determination to develop the earning power which
is needed to buy the food and raw materials upon which our island economy depends.
In his speech at the Mansion House my predecessor, on the best information
then available to him, attributed much of the loss in the third quarter to ab-
normal and non-recuring factors. So far as the third quarter was concerned these
estimates were roughly correct, but some of the factors which we thought were
exceptional have continued to operate. With the fuller information now available,
and with the clearer view of 1952 which we can now take, our latest estimates
reveal an underlying balances of payments situation even worse than had been
previously forecast
It is now believed that the current deficit of the United Kingdom in 1952
on the present trends and import programmes may be of the order of between £500
million and 2600 million, and that the loss of gold and dollar reserves in respect GATT/CP/134
Page 5
of the transactions of the whole sterling area with the rest of the world may
be appreciably more. These estimates are based on a forecast of current
transactions and take no account of losses due to speculative movements.
When l remind the House that the reserves at the end of October were
less than £1,100 million the gravity of this situation speaks for itself. and
it must be put right at once, as soon as we possibly can.............
First, we must ease the overload both on the external and on the internal
economy. Let me consider, first, the external aspect.
In view of all that I have said, and in view of the picture presented; the
Government have decided to take immediate and direct action to reduce imports.
The series of measures which I shall now describe is designed to save £350
million a year of external expenditures and to do so in a way which will give
the strongest support to our gold and dollar recovers. We are therefore not
imposing restrictions on our trade with our partners in the sterling area: This
total of £350 million may be compared with estimated total imports in 1952 at end
September prices, of about £3,620 million, The full impact will not necessarily
be felt at once, for there are existing commitments and contracts which will not
be interfered with.
The following are the detailed measures. We propose, first, to revoke open
general licences for private imports from Europe and other non-sterling countries
on a selected list of commodities, and substitute import licensing with, in most
cases, a quota for each commodity based on the value of imports from these
sources in the year July, 1950) to June, 1951, and at levels substantially
bolow those in recent months. Certain raw materials will be included in the
list, but the reduction in these will not be very great.
This measure will give a saving of about £130 million a year, mainly in
unrationed food but also in a few manufactured goods In foods the total cut
on these privately imported commodities will be equivalent to about one quarter
of the total private imports of food from all sources, The items to be cut in
elude canned hams and meats, of which a tremendous and expensive import has
developed in the last year or so, various forms of sugar manufactures, such as
fondant and sugar-fat fixtures, canned fruit and vegetables, and fresh fruit and
nuts. The total saving from all the cuts in private imports will be about
£130 million.
To prevent forestalling, these measures rust be taken at once Particulars
of the items affected will be announced tonight byr the Board o' Trade, This is
an action which the Govrnrment are very loth to take. I hope that the hon.
Members will realise that these decisions have had to be taken in a most serious
atmosphere. This decision involves the reimposition of quota restrictions,
which in thermselves are contrary to our aim to liberalism intra-European trade.
It will, in due course, limit the housewife's choice of food supplies which,
although not absolutely essential, have boon a welcome improvement to the diet
in the last few years. GATT/CP/134
Page 6
I need hardly say that we are doing this only because we are forced to do
so to help put right the balance of payments. There is, in fact, no escape from
it. We are running so heavily in deficit with the European Payments Union that
we must take immediate action, If we didnot., as I have said. the Union itself
would be irremediably weakened, and this would be a crushing blow to Europe and,
indeed, to the whole of the free world.
We have framed our list in a way which secures the maximum saving consistent
with the minimum damage to the liberalisation of intra-European trades Even
after these cuts have, been applied, some three-fifths of our imports on private
account from other European countries in the 0.E.E.C will still be free from
quota restrictions. It has always been provided in the O.E.E.C. that a country
which has serious balance of payments difficulties may re-impose restrictions
in this way, and we shall supply to them the necessary information to establish
that we have acted in full accord with. our obligations.
I come to the second recommendation under this head, While the crisis lasts,
we shall have to forego increases in the total consumption of rationed food above
the average 1951 levels There will have to be reductions in some rationed foods,
and there will also be a reduction in the supply of unrationed foods imported by
the Ministry of Food as distinct from the private imports to which I referred
earlier.
Third, we propose to slow down the further carrying out of the strategic
stockpiling programme instituted by the previous Government. Good progress has
been made on this and our hope would have been to' maintain this progress. In
present circumstances, however, we cannot afford to continue at the same rate,
It should be clearly understood that this will not affect our defence production
programme, Significant supplies of many of the. more bulky commodities have al-
ready been accumulated and, in our views some delay is a necessary price for
solvency.
Fourth, we propose to reduce the tourist allowance from £100 to £50 per
heads This reduction will come into effect immediately. We intend that the
reduced allowance of £50 shall be .available for the 12 months ending October,
1952* I realize that this decision is bound to cause inconvenience and dis-
appointment, but the situation is too serious to allow expenditure on tourism to
continue as it is. I might add that this will not affect the.. special arrange-
ments of travel which we have with Norway, Sweeden and Denmark.
Last in this series, the Government.are giving prompt consideration to the
reversion of all softwood purchasing to private trade, with arrangements for a
global limitation of purchases. We intend that the consumption of softwood shall
be maintained at its present level. The sum of these, together with the having
of shipping and a general tightening up of closer administrative scrutiny of
external expenditure of all kinds should save some 5350 million a yearo This
immediate action does not fill the whole balance of payments gap, but in com
bination with the internal measures, which I am now about to describes it
should make a substantial improvement in our position. GATT/CP/134
Page 7
APPENDIX II
NOTICE TO IMPORTERS NO. 467
Reductions in Imports of Certain Goods
Quotas arranged up to June 30, 1952
The Chancelloer of the Exchequer announced in the House of Commons on 7th
November, 1951 that it would be necessary, because of the deterioration in the
United Kingdom's balance of payments position, to make reductions in a selected
list of imports from certain foreign countries. To implement this decision., the
Board of Trade revoked, with effect from 8th November, 1951, Open Licences under
which the goods affected had hitherto been imported freely from these countries
(Notice to Importers No. 463). Importers were simultaneously invited in Notice
to Importers No, 464 to apply for separate Licences to import certain commodities.
These two notices appeared in the Board of Trade Journal on November 10 (page 961).
As stated in Notice to Importers No. 466, goods in transit shown to the
satisfaction of the Commissioners of Customs and Excise to have been on route
before 8th November, 1951, will be admitted without an import licence. Waiver
of import licence is limited to such consignments, and goods not actually en
route before the prescribed date will not be admitted without an import licence
notwithstanding that the goods have been paid for or that irrevocable credits
have been opened or that shipping space has been booked in respect of them.
The Board of Trade now announce (in Notice to Importers No. 467) that
imports of the items on which it has been necessary to impose the new restrictions
will be licensed in accordance with the following arrangements.
The items listed in Schedule I below consist mainly of manufactured goods
and foodstuffs; licences will be issued, on application being made, for the
values shown in Column 2 of the Schedule. In allocating individual licences
within the quotas account will be taken of the volume of imports made by in-
dividual applicants during the period 1st January, 1951 to 30 June, 1951
Licences for most commodities will be valid until 30th June, 1952, and importers
will be free, within the value of their licences, to import from any one or more
of the countries covered by them.*
Certain foodstuffs, machinery and manufactured goods, which are listed in
Schedule II, will be subject to special licensing arrangements.
* The principal foreign countries concerned are:-
(a) O.E.E.C. countries and their dependencies:
Austria, Belgium, Denmark, France, Greece, Italy, Luxembourg, Netherlands,
Norway, Portugal, Sweden, Switzerland, Trieste, Turkey, Western Germany,
(b) Other countries:
Afghanistan, Anglo-Egyptian Sudan, Andorra, Bhutan, Brazil, Chile,
China (including Manchuria), Egypt, Ethiopia, Finland, Formosa,
Indonesia, Israel, Lebanon, Paraguay, Peru, Saudi Arabia, Siam,
Spain, Syria, Uruguay, Yemen. GATT/CP/134
Page 8
The reduction in imports of raw materials affected by the new measures
will not be very great. Imports of dressed leather will be allowed in at
the same rate (by value) as in the first half of 1951; the quantities of
veneers and privately imported plywood should in general be at the rate of
the imports in the 12 months period July 1950 to June 1951. Details of the
,rate of pulp, paper making materials, paper and board imports will be
announced later. As announced by the Chancellor of the Duchy of Lancaster,
arrangements are being worked out for the reversion to private trade. of
softwood and further details of the licensing arrangements will also be
announced later.
Imports of plywood from Finland will continue to be on public account.,
Licences for dressed or dyed strips, sacs, plates and linings of furskins, will
be valid for imports originating in and consigned from the U.S.S.R. in
addition to the other permitted countries. GATT/CP/134
Page 9
APPENDIX II
(Contd.)
SCHEDULE I
COLUMN 2
Values for which import
licenses will be issued
for the period ending
30th June, 1952
L (c i.f.)
1. Carpets, carpeting, floor rugs, floor mats and
matting of wool or wool mixed with materials
other than hemp or coir. not containing skin
with fur, hair or wool attached.
2. Carpets, carpeting, floor rugs, floor mats and )
matting of artificial silk, cotton, hair, jute)
and silk or mixtures thereof, not containing ).
skin withh fur, hair or wool attached. )
3. Coir matting, rugs and mats, other than rugs )
and mats of coir pile. )
4. Apparel (except gloves, footwear and headgear)
made wholly or mainly from woven fabrics not
containing cashmere, lace or lace net.
Apparel (except footwear) of rubber.
Bathing costumes.
Corsets and, brassières containing elastic
fabric (including net) not lace trimmed.
Gloves and gLove linings. not containing lace
or lace net
Hats, caps and other headgear, including hoods,
bodies, forms and shapes; but not including
articles containing lace or lace not.
Knitted outerwear, other than garments
containing cashmere, lace or lace net.
Knitted underwear of any materials other than
garments containing lace or lace net.
Laces for boots, shees and corsets.
Oilskin garments
Pompons.
Sequins and sequin trimmings.
675 ,000
1200,000
COLUAN I
Commodity
800,000
Apparel and Textiles GATT/CF/134
Page 10
COLUMN I COLUMN 2
Commodity Values for which import
licences will be issued
for the. period ending
30th June, 1952
L (c.i.f.)
Apparel and Toxtiles ( contd.)
Stockings and socks of cotton, silk, wool,
t6(Wii Unt v D . e -i(}c,. ccllJulose
acetate or mixtures thereof, and stockings
and socks of these materials with heels
and/or toes spliced with nylon.
5, Footwear of all types (not including
stockings or socks) and parts theoeof, 200,00
Machinery
6. Cash registers and parts thereof. 60,000
7. Typewriters (clectrical and others) and
parts thereof, 240,000
Glassware
8. Glassware other than glassware decorated by
cutting (including intaglio cutting), en-
graving, etching or gold enamelling,
the following-
Advertising glassware, being glassware
containing advertising matter produced
in the mould.
Domestic glassware. 375,000
Ecclesiastical glassware,
'Fancy glassware.
Glass furniture, without woodwork.
Mosaics and mosaic work,
Stained and opaque glass, mounted or not.
Illuminating glassware of all kinds; excluding
lamp stems. lamp bases and candlesticks. GATT/CP/134
Page 11
COLUMN 2 COLUMN 2
Commodity Values for which import
licenses will be issued
for the period ending
30th June, 1952.
; (c.if)
Sports Gppds. Toys, Games, etc.
9. Applicances, apparatus, accessoris and )
tes iswctes for spomes, gymnastics oru gaes.stic or )
athl6iof, dpart3 sTherf except
Apparel' )
Coin oresisc operated machin66 and parts )
thereo2v )
Gimn rifles and amunitior, )
Nets and nettingo )
liming .evices pf 4l kindso.....
Ornamental model boats...
Puppets and accehsor-es therefore. . .ui.
Toys of all kinds and pangs thereof, excludi49
articles wholly.or many. of pot0,000 ). . 38Q$OOQ
Cnristmas Vree o-namefts. . )
1istelsguns and Air p~istc. and parts thereof
owing:-ion: the fol ioarnga
Ammunition 'or an air gun,, air rifle or . )
air pistol )
.Blank Cartridges, not exceeding one inoh )
i.n diameter fo:- use in smooth bore )
weapons * )
Cartridges containing five or mote shots )
none of whith ezxeeds nine twenty-fifths )
of an inch in diameter. )
Fireworks and crackern. )
11, Accordions, concertnas and mblodions; and parts
thereof,
Cavity boards for organs,
Gramohone records
Harrnonioas and parts thereof.
A4usica boxesp not being articles made wholly' or
mninly ef pttjory3 ard movoments therefore ;
Percussion instrumenof. and parts theretf0
Stringed instribents and parts thereof.
otin inst:'macnt (i~n including organs) and
parts thue.fDo
175,000 GATT/CP/134
Page 12
COLUMN1 COLUMN 2
Cemmodity, Values for which import
licences will be issued
for the period ending
30th June, 1952.
;6 (c¢iff)
ialFlg,
12. Artificial flowers, foliage and fruit, not
including articles containing precious metals
or articles made wholly or mainly of pottery
or, of glassware decorated by cutting (including
intaglio cutting), engraving, etching) or gold
enamelling.
20PO00
Sone
13. Stationery and. office requisites other than
paper goods, not containing precious metals,
and not being articles made wholly or mainly
of pottery or. of glassware decorated by cutting
(including intaglio cutting),engraving, etching.
or gold enamelling.
200.,000
(N.B. This item includes chalks, crayons and
pastels, fountain pens and parts
thereof)
14. Brooms, brushes and mops, not containing precious
metal; and parts thereof other than bristles,
75 000
Cutlery
15. Cutlery of the following descriptions, not
containing precious metal, and parts thereof:-
Cuticle clippers and nippers.
Hair clippers (non-electric)e
Manicure sets.
Nail clippers.
Rasor blades,
Razors of all kinds.
Scissors, including tailors' shears,
Forks and spoons and parts thereof; not contain-
- precious motal other than silver plating.
Knives not containing silver other than silver
plating.
.. 125,000.
. :. I GATT/CP/134
Page 13
COLUMN 1 COLUMN 2
Commodity Values for, which import
licences will be issued
for the period ending
30th June, 1952.
L (c.i,f)
Imitation Jewellerv and Fancy Goods.
16* Imitation jewellery and fancy goods of the
following descriptions, but not including
articles containing precious metals 'or
precious or semi-precious stones, or real
or cultured pearls, or articles made wholly 4509000
or mainly of pottery or of glassware decorated
by cutting (including intaglio cutting),
engraving, etching, or gold enamelling:-
Imitation jewellery,
.Imitation jewellery parts, including:-
Beeds, bones, seeds, shells and non-
precious or imitation stones of a size
and shape adapted for use in imitation
jewellery.
Articles of coral, marcasite, mother-of-
pearl or tortoiseshell.
Beads and bead trimmings and articles
manufactured from beads.
Cameos.
Manufactures of leather and imitation leather.
17* Handbags, women's, not containing precious
metal.
Trunks, bags, wallets, pouches and other
receptacles, made wholly or mainly of
material, not being leather but resembling
leather, whether fitted or not, but excluding 15000
such articles containing precious metal.
Manufactures of leather,
Saddlery and harness and fittings therefor.
Handbag frames not containing precious metal
or precious or semi-precious stones.
Drugs, Medicines, etc.
13. Drugs, medicines and medicinal preparations,
manufactured or prepared, except:- 475,OCU
Artisone (artisone acetate).
Aureomycin,.
Cortisone (Compound E). (17 hydroxk-ii-
dehydrocorticosterone). GATT/CP/134
Page 14
COLUMN 1 COLUMN 2
Commodity Values for which import
licences will be issued
for the period. ending
30th June, 1952,
Drugs, Medicine, etc. (contd.)
Cortrophin (ACTH) .(adrenocorticotrophic
hormone).
Terramycin,
(N.B. This quota applies only to.drugs, medicines
and medicinal preparations, manufactured
or prepared for which Open General Licenoes
have been withdrawn.. Items. enumerated in
the Board of Trade lists issued under ,etion
1 of the Safeguarding of Industries Act, 1921,
remain on Open General Licence. (Appendx
II to Notice to Importers No. 458.)
19, Furniture of wood or basketware, complete,
whether assembled or unasembled; not including:-
(a) parts which do not form .a complete
article of furniture; or
(b) furniture. upholtered with fabric
containing more than 5 per cent. of
cashrnere.
Domestic Woodwar. .
20. Woodware, domestic, being articles made wholly
or mainly of wood of the kinds used for house-
hold purposes; including handles and knobs
for kitchen appliaces and utensils, but excluding
particles of furniture and, builders' joinery.
21. Fur and other skins, dressed or dyed, and
manufacturers thereof.
150,000
.15O0 000
30,0000
*22, Fur and skin manufactures, the following:-
Dressed or dyed strips, sacs, plates and
linings of furskins.
* Imports from the U.S.S.R. are included in this quote and
issued will extend to that country.
200,000
the licences GATT/CP/134
Page 15
COLUMN 1 COLUMN 2
,'. Commodity Values for which import
licenses will be issued
for the period ending
30th June, 1952*
L (c.i.f.)
Paper, etc, and Manufactures.
23. Oiled, waxed and other waterproof wrappings. 25,000
24. Manufactures of paper and board, the following:.-
Articles made of transparent cellulose,
* Bags, paper.
Blotting paper.
Boxes and cartons of paper and cardboard
(including folding boxes).
Cigarette paper in bobbins, reels, sheet and
booklet containers.
Dress patterns, paper.
Fabrics consisting wholly or partly of paper
yarn,
Playing cards,,
Printed and embossed paper hangings, including
lincrusta and similar raised material.
Serviette and handkerchief's, and face and hand
towels made wholly of paper.
Stationery.
Toilet paper (in cut sheets or rolls)
Other made up articles wholly of paper or board .800,000
25. Transparent cellulose wrappings, and articles
made of transpareht cellulose. (N.B.Transparent
cellulose wrappings and film are subject to the
special licensing arrangements outlined in
Schedule- ir of this notice, Articles made of
transparent cellulose are included in quota No 24.)
Food and Drink . .
26. Biscuits 7009000
27, Chocolate confectionery and sugar confectionery 1,100,000
28, Chocolate couverture.
29o Cocoa butter
625,000 GATT/CP/134
Page 16
COLUMN 2
Commodity . . Values for which import
licences will be issued
for the period ending
30th June, 1952.
, . .. L (c.i.f.)
Food and Drink (contd-,
30. Cocoa and chocolate powder (including chocolate -` :
in flake and other forms for beverages)
the following:-
(a) not containing sugar or any other form
of sweetening:
(b) containing not .more than 65 per cent
by weight of added sugar but no other
ingredient,
31. Cocoa, raw.- 240,000
32. Coconut-sugar mixtures, dry,, consisting solely.
of desiccated coconut and sugar in the propor--.
tions of not more than 60 per cent or less thAn '-
40 per cent of either ingredient, with or
without colouring matter .-... 1,000
33. Confectionery and bakery naterialsi the following :;
Chocolate and caramel spr:ead.. '0,0
Honey oream sproad.
34' Etishp cannedr. except crab: herrings, pilohardsp
sardines, sild, and salmon (including salmon
trout) other than smoked salmon in oblong cans 80,000
not containing. more than four ounces net weight,
34a. Fish products canned¾ except herring products, 70,000
*35. Fruit, bott;ed, (in water; syrup or spirituous
liquor). 60,000
36. Fruit Juices not containing more than 65 per cent
by weight of commercial sweetening matter, viz, . -
sugary invert sugary honey, molasses, solid or . r .
liquid glucose,. or,any similar starch conversion
products (e.g. malt syrup) or any mixture of
such materials. 950,000 GATT/CP/l34
Page 17
COLUMN 1 COLUMN 2
Commodity Values for which import
licences will be issued
for the period ending
30th June, 1952.
; (c.i.f.)
Food and Drink (contd.)
37. Fruit, preserved with added sugar,
the following:-
Angelica
Fruits, crystalized , glace, metz or
drained (including flowers and marrons) 150,000
Fruit paste
Peels, candied or cut
Plums, Carlsbad and, Elvas
38. Fruit pulp (including bulk frozen fruit)
other than the following varieties:- 480;0OO
Apricot, grapefruit, peach, pear and
pineapple, and not containing aore than
50 per cent by weight of comeraial
sweetening matter. viz. sugar, invert
sugar, honey, molasses, solid or liquid
glucose and all similar starch conversion
products (eg. malt syrup) and any mixture
of such materials.
39, Fruit, quick frozen. 30,000
40. Grapes, canned, 1,000
41, Honey. 5,000
42. Jellies, table. 20,000
43. Marron puree, sweetened. 1,000
44. Marzipan, consisting of not less than 20 per
sent, ground almond kernels, the remainder
(excluding moisture) being sugar inr which
may be included not more than 5 per cent
of liquid glucose. 75,000
45. Meat And meat products, other than canned
the following:-
Cooked meat and meat products:-
Brawn of any kind, including potted head. GATT/CP/134
Page 18
COLUMN 1
Commodity
Food and Drink (contd.)
COLUMN 2
Values for which import
licenses will be issued
for the period ending
30th June, 1952.
W_. ._I
. . ., . ..
& (at.i£.)
Breakfast sausage polony or liver sausage.
Cured, cooked and pressed beef, vealt
mutton lamb or -tongue.
Haggis
Luncheon sausage.
Meat paste.,
Meat roll or galantine.
Mertadella sausage.
Pork or beef sausages.
Pork or beef sausage meat, including pork
or beef slicing saiwage..
Salami sausage.
Uncooked meat products:.-
Pork or beef sausages.
Pork or beef sausage meat including pork
or beef slicing sausages
NOTEs Importers of the above Meat and *at Producto aw
reminded that imports are subject to the
requirements imposed under the Importatfoii
of Carcass (Prohibition) Order, 19Z6p as sub.
sequently amended. Such imports are also
subject to the provisions of the Public
Health (imported Food) Regulations 1937/48
which provide that meat and meat products
may not be imported for sale in the United
Kingdom unless they are accompanied by
an Official Certificate.
46. Meat extracts and essences.
47a. Ham, and bacon, canned, (gammon and shoulder'
only) .. .
47b. Meats and poultry, cooked, cained,. o in other
airtight containers, except ham and bacon,
corned beef, mutton, or pork and roast or
boiled beef, mutton, or, pork.
49. Nuts, edible, shelled or not, excluding peanuts
3 000
1 .2,500,.000
I I
1,500,000
. I. .
.550,000
_W GATT/CP/134
Page 19
COLUMN 1 . COLUMN 2 -
Oommodity Values for which import
lioences will be issued
for the period ending
30th June, 1952.
i.f.G.Gf.)
and Drinkieribtd.onthd)
49fals,als$9 e,ibleZ the fong:-ig:-
Brains
Bungs
Cap ends
Chitterlings
Fat ends
Feet
Maws
Red blood powder
Rinds
Tails, excluding oxtails
Tripe, raw or cooked
Udders, raw or cooked
50, Oils, essential, natural
51> Oils, the following:-
A, natural .,
Apricot ke,nal) natural
Hazel nut, natural
Horse
Lettuce seed
Melon seed
Mustard seed
Neats foot
Niger seed
Gleine (Oleic acid)
Olive
Peach ke,nall natural
Poppy seed
Sperm
Stearine (stearic acid)
Tea seed
Tobacco seed
Turtle
52* Chutney, pickles, sauces and tomate ketchup,
53. Pulses, edible, except (a) dried green or blue peas,.
and (b) dried white beans other than soya beans
and beans for sowing.
54., Salad cream, salad cream concentrates and mayonnaise,
55, Starch and starch products, the following:-
Arrow.ootO
Custard, cmange,ange and dessert powders,. consisting.
solely of edible starch colouring and flavouring
and in the case of sweetened powders, not more than
60 per cent by weight of sugar or glacose,
Farinoca
Rice Millet and buckwheat starches. laundry materials
and other preparations, not for use as food,
containisuch starchescho .
Sago meal., sago flake, sago flour and pearl .agov
Tapioca, cassava and mandioca (manioo)t including
flour and starch but excluding meal and roots (ground
or whole)
600,00
0,000,0
350,000
70,000
17000OO
15000OQ
50,000- COLUMN 2
Values for which import
licences will be issued
for the period ending
30th June, 1952.
Food and Drink (contd)..
56. Sugar fat mixtures containing not less than 10
per cent und not more than 65 per cent by weight
of sugar; invert sugar, glucose or whey solids,
the remainder to consist solely of edible fat,
not being milk fat.
57,
58.
Tomato Juice, paste or purpe, canned,
Tomatoes, earned,
59. Vegetables bottled or canned.
60. Vegetables preserved fin brine, except olives
and capers.
61 Vegetables, quick frozen.
Fresh Fruit and Vegetables
l (c.i.f.)
1,400,000
500,000
650,000
150,000
375,000
35,000
62. Apples fresh,
63. Grapes, hothouse.
64. Peaches, hothouse.
65. Pears, fresh,
*66, Fresh fruit, the following3-
Cherriess .currants,, black, and red; . gooseberries;
plums, (including damsons and greengages);
rhubarb; strawberries.
67. Fresh fruit- other than oranges,- lemons, grapefruit.,
apples, hothouse grapes, hothouse-.peache6, pears,
cherries,, black and red currants, gooseberries,.
plums (including damsons and greengages), rhubarb,.
and strawberries.
*68. Cucumbers, fresh.
* ~Licences for these groups will. be.valid until
.st June, 1952I
GATT/CP/134
Page 20
COLUMN 1
Commodity
.1000,000
25,000
1,000
55,0.00
250,000
1500,000
, _ , .. . . . . GATT/CP/134
Page 21
COLUMN 2 COLUMN 2
Commodity Values for which import
licenses will be issued
for the period ending
30th June, 1952.
l (c.i.f.)
FOOD AND DRINK (CONTINUED)
69. Syrups, flavoured, not containing more than 65
per cent0 by weight of commercial sweetening
matter, viz, sugar, invert sugar.a honeys
molasses; solid or liquid glucose, and all
similar' starch conversion products (esgomalt
syrup) and any mixtures of such materials; in
containers of not less than two-thirds of a
gallon capacity0 60,OO GATT/CP/134
Page 22
FOODSTUFFS AND 16-NUFACTURERS TO BE LICENSED UNDER SPECIAL ARRANGEMENTS
Transparent.Cellujose Wrappings (film)
Import Licences for transparent cellulose wrapping will be issued against
an undertaking, by the importer that the 'material will not be used or supplied
for the purposes for which similar home produced material is restricted. Ful1
details of the restrictions on the use of transparent cellulose wrappings have
already been given in the Board of Trade Journals dated 23rd and 30th Junes
1951 and 6th October, 1951*
In view of some misunderstanding as to the significance of the term
"transparent cellulose films or transparent cellulose-wrappings", importers are
reminded that this refers only to that material falling :under Class IIIp Group
R. Paper, Cardboard, etc. of, the Import List, and does not refer to sheet,
film, or foil of cellulose acetate.under Class III, Group U. Plastic materials,
which remain on Open General Licence.
Food and Drink Preparing and Processing Machiinery
~~-_tn _ Ma chinr
Applications to import this machinery will be considered individually on
their merits.
Glass Bottle and Jars
Import licenses for bottles, Jars and tubular containers of the types
used for esserntial commercial and industrial purposes will be issued without
restriction on quantity or value, Applications for import licenses should
include a description of the type of bottle or jar which it is desired to
import and the purpose for which it will be used,
Provision for imports of fancy types of bottles and Jars has been made
underlasswareta for "G~.asswar" within the heading'.Fancy glasswarel. (See
Schedule x),
The following items have not hitherto been on Open General Licence but are
included in the list of commodities for which reductions in the level of
imports are proposed.
Fondant
Cake, pastry and pudding mixtures
Sugar, fat, cocoa mixtures
Toffee butter
Meat meals, pre-cooked, quick frozen
Starch and starch products, the following:-
Deviating farina
Farhol
Farina specialities
Maize crystal starch in retail packs, and loose in
28 lb. containers GATT/CP/J34
rage 23
Starch and starch products, the following:- (continued)
Oxidised farina
eat starch
Canned fruit other than: apricots, grapefruit, mandarin oranges,
peaches, pears, pineapples, fruit cocktail, fruit salad and
"Two Fruits".
Wat and meat products, other than canned, not including the
items listed on Schedule I (item 45) of this notice,
Announcements on future licensing arrangements for these commodities will
be made later. |
GATT Library | ny492bc3398 | Régles uniformes qui devraient etre appliquées en matiére de restrictions à l'importation ou à l'exportation et de controle de changes | Accord General sur les Tarifs Douaniers et le Commerce, August 13, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 13/08/1951 | official documents | GATT/CP/123 and GATT/CP/123 | https://exhibits.stanford.edu/gatt/catalog/ny492bc3398 | ny492bc3398_90310082.xml | GATT_140 | 1,451 | 10,014 | RESTRICTED
ACCORD GENERAL SUR LES TARIFS GATT/CP/123
DOUANIERS ET LE COMMERCE FRENCH
ORIGNAL: ENGLISH
PARTIES CONTRACTANTES
Les parties contractantes se souviendront qu' à cinquième session le
Secrdtaire exécutif a été charge de publier les règles uniformes qui devraient
être appliquées en matière de restrictions à l' importation ou à l'exportation
et de contrôle des changes et do donner toute la publicity désirable aux
recommandations fermulées. Lee règles uniformes ont été publiées le 27
décembre 1950, sous forme de brochures en anglais et an français, et les délé-
gations ont Pu en obtenir des exemplaires avant la clôture de la session,
Dès le début de l'année1951, les Secrétariat slest attaché è donner à
la brochure sur les règles uniformed la'diffunion la plus large on la signalant
à l'attention des orgarsastions intergouvernementales et non gouvernementales
qui étalient susoeptibles do s'y intéresser ainsi qu'aux organes commnerciaux
et techniques de la presse. Les parties contractantes ont également cherché
à faire connaître Ies régles recommandées et lem ont reproduites dane lours
journaux et périodiques comerciaux. II convieut de signaler que de nembreux
journaux ou. périodiques qui exercent une influence réelle dens les milieux
du commerce ont également reproduit intégrallement, ou. resumé, les régles
uniformes, en soulignant l' intérêt qu' elles sont suscoptibles do présenter pour
le monde des affaires. Dans ensemble, l'initiative prise par les Parties
Contractantes à cet égard semble aveir reçu un acousuil favorable danis les
milieux commerciaux.
La Chambre de commerce international a présenté aux Parties Contractantee
un certain nombre "d'obaervations et suggestions destinies à compléter et
éventiaellement à renforcer les Régles uniformes". Le Tresisième Congrès de la
Chembre de commerce internationale, tenu à Lisborne en juin 1951, les a adoption
dans une résolution dent le texte integral set est reproduit ci-aprs
La Douzième Conférence internationals de la laine, qui s'est tenue à
Barcelone en mai 1951 a également examiné les régles uniformes. Le texte de
la résolution adoptée par cette conférence, qui a été officiellement communiqué
au Secrétaire exécutif, cat reproduit dans le présent, document,
1. Chamber internationale de Commerce
Le texte de la résolution sur les formalités relatives aux restrictions
quantitatives qui a été adopted au quatrième Congrès de la Chambre de Commeroe
internationale à Lisbonne an juin 1951 eat reproduit ci-après: GATT/CP/123
Page 2 FORMALITES RELATIVES AUX RESTRICTIONS QUANTITATIVES
"Charchant à simplifier et à unifier les réglementations administratives.
en matière de restrictions quantitatives à l'importation et à l'exportation,
la Chambre de Commerce international avait envisagé d'élaborer un code de
traitment équitable dans es domaine.
C'est pourquoi elle accueille avec faveur l'initiative prise par Ies
Parties Contractantes, à l 'Accord Généra0 sur les Tarifs Douaniers at Is
Commerce quit; Ie 30 novembre 1950, à leur 5ème session tenue à Torquay, out
adopté des 'Règles Uniformes qui devraient être appliquées en matière de
restrictions à limportation ou à l'exportation et de contr§le des changes",
Ces dispositions constituant un net progrés sur l'état de choses existent,
la C.C.I. souhaite vivement qu'elles soient mises en vigueur dès que possible
par les gouvernements de tous les pays.
Après avoir effectué une enquète préliminaire dans les milieux commer-
ciaux et industriels qu'elle représente, la C.C.I. sommst, aux Parties Contrae-
tantes ls observations et suggestions suivantes, destinées à compléter et
*éventuellement & renforcer les Règles Uniformes
1. Aux termes de I'Article 3 l' administration chargée du contrôle
peut refuser à un importateur ou à un exportateur le droit de fairs entrer ou
sortir des marchandises ayant fait l'objet diurie conkande ferme bone et
due forme avant que soit annoncée la mise en vigiur d un régimi de restrictions
même au cas où ces marchadises pourraient être livrées intégralement dans
un délal déterminé. Ce prineipe n'est ni logique ni équtable, puisqu'il
érige en régime général un régime d'exception. II n'est pas admissible en
effet que la poessilité pour un commerçant d'exécuter un contrast régulier colt
laissée à la simple appréciattion d'un fonctionnaire, et ce d'autant plus
qu'il n'est pas prévu que l'Etat verserait au commerçant lésé une indemnité
destinée à compenser le préjudice que celui-ci pourait subir.
II conviendrait, par suite, do prévoir que les systèmes instituant ou
renforçant des mesures restrictives ne s'appliqusront jamais à des marchan-
dises ayant fait l'objet d'une commande régulière avant l'annonce de la mise
en, vigueue de cse mesures, à moins que la non-application de celles-ci ne
lèse dangerausement les interets du pays.
2. Les dispositions relatives à la délivrance des licences d'mpor
tation et des autorisations de change contempes dans l'Article I no sent pas
asses formelles. II importe en effet que, toutes les fois, qus. l'importation
d'une marchandise est subordonnes à ls délivrance par l'administration d'une
licence et à une autorisation de change, l'importateur qui obtient la licence
d'importation se voie atribuer automatiquement l'autorisation de change
c'est-à-dire le document grace equel il pourra se proourer lexs devises étran-
gères nécessaires au paiement des marohandises dont l'importation a été autoriaée.
Les gouvernements devraient prendre len dispositions convenables pour qua
les importateurs n'aient à accomplir qu'uns seule opération, en replissant par
example un document unique à plusieurs feuillets, pour obtenir la licence et
l'autorisation de change et que, la demands présentée dans ce but étant
dans un très court delai par les administrations compétantes, la licence d' impor.
tation et l'autorisation de change parvienment simultanément aux importateurs. GATT/CP/123
Page 3
3. II est frequent qu'un importateur ne donne pas à son vendeur
stranger un acaréditif pour touted la durés de validité de la licence. Cet
importateur risque d'éprouver dee difficult suprès de l'administration
charge du contrble des changes de son pays au Cas où il désirerait prolonger
son accréditif, Ainsi donc, lorsque l'ouverture d'un Credit est subordonnée
à l'autorisation de administration, le credit devrait être valuable ou pro-
longeable pour couvrir toute la durée de validity de la licence.
4. Touts importation ou exportation devriut être considéréo comme
rdalisée pendant la durée de validity de la licence dès lors que l'expédition
des marchandises aura été effetuete par le vendeur avant la date d'expiration
de la licenced,
50 Les contingents relatifs aux articles et products saisonniers -
ce terme étant d'ailleurs pris dans le seng large qu exige la complexité du
commerce international - devraient faire I' objet d'une répartition rationnelle
sur l'année.
6. Touted portion de contingent d'importation ou d'exportation non
utilisée pendant la période prevue devrait être reportée sur la période
suivante. Les Licences ou portions de licence non utilisées par lour béné-
ficiaire pour des motifs qui lour sont imputables devraient pouvoir être trans
férées par I'administration compdtonte à un autre importateur ou exportateur
du même pays.
7. Les governments devraient faire tout leur possible pour que le
public puisee être rapidement renseigné sur les licences qui ont été attrtibutes
et sur l'état d'épuisement des contingents.
8. Les périndes de référence prévues à l'Article 6 devraient être
fixées par les administrations compétentes on consultation étroits avec les
milieux intéressés de façon à conserver les courants normaux du commerce.
9. II conviendrait de soustraire au contingentement les objets
constituent de véritables acc6ssoires d'un envol principal: de même que les
échantillons.
10, Dans les cas où des dépôts de garantie sont demandés aux impor-
tateurs, leur montant no devrait pas être supdrieur à celui strictement
suffisant pour empêcher les importateurs de présenter des demands de licence
de fagon inoonsiddree ou dans un but spcnulatif,
11. Loreque des organismes professionnels sont charges de gérer les
contingents d'importation ou d'exportation ou d'émettre des avis à lour sujet,
une procédure d'appel devrait être prévue; les comités de gestion devraient
comprendre le plus grand nombre possible de représentante des comnerces
intéresés.
12 Dens un certain nembre d'accords de contingents conclus entre
pays, un poste "divers" est prévu pour éviter une longue énumération dtarticles
susceptibles d'être importés ou exportés. La gestion de ce posted eat en général
laissée à la seule appreciation de l'administration, Des dispositions deovraient
être prévues pour éviter tout abus dans co domaine" GATT/CP/123
Page 4
Le texte de la résolution qui a été adopted par' la Conférence inter-
nationale de Ia laine à Barselone en mai 1951 est reproduit oi-après
" La dousièms conférence Initernationale de la laine réunis à Barcelone
approve les règles, uniformes qui devraient être appliquées en
matière de restrictions à l'importation ou à l'exportation et de
contrôle des changes, recommandées par les gouvernements qui sont
parties à l'Accord général sur les tariff douaniers et le commerce
qui marquent à sea yeux un progrès et indiquent la voie à suivre.
Cependant elle constate avee reget que ces gouverneamnts 'nont pas
reeonu toite importance du principle de linaviolabilité du contract
et recounde aux partie d'entreprendre des êtudes complémentaires
pour donner à l'exécution des' bntrats authentiques, concus avant
l'application de restrictions nouvelles ou renforcées, priority ab-
solue sur touts les transactions nouvelles". |
GATT Library | py605hf7841 | Replies to the Questionaire on Import Restrictions maintained Under Article XII (GATT/CP/89) and Statements on other Import and Export Restrictions (GATT/CP/93) : Note by the Executive Secretary | General Agreement on Tariffs and Trade, August 16, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 16/08/1951 | official documents | GATT/CP/124 and GATT/CP/124 | https://exhibits.stanford.edu/gatt/catalog/py605hf7841 | py605hf7841_90310083.xml | GATT_140 | 368 | 2,667 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED C
GATT/CP/124
16 August 1951
ORIGINAL:ENGLISH
CONTRACTING PARTIES
Replies to the Questionaire on Import Restrictions maintained
Under Article "XII (GATT/CP/89) and Statements on other Import
Note by the Executive Secretary
1. Questionnaire (GATT/CP/89)
RepIies to the questionnaire from the following governments have been
received and distributed as indicated below:
Replies received
Denmark
Germany
Netherlands
Norway
Union of South Africa
Replies received
- 3- copies only
Australia
France
India
Italy
New Zealand
United Kingdom
Notifications that
no restrictions are
maintainted
Belgium-Luxembourg
Canada
Cuba
United States
Indonesia and Pakistan have advised that replies are being prepared.
Greece has advised that the reply is tho same as that communicated to the
Fourth Session except for some changes which will be submitted,
The Secretariat understands that the following countries are also
applying restrictions on imports:
Austria
Brazil
Burma
Ceylon
Chile
Dominican Republic
Nicaragua
Philippines
Sweden
Turkey
Uruguay
A communication was addressed to these governments on 12 July asking
whether they are preparing replies to the questisornaire and if so by what date
they may be expected to be received. It is hopes that these governments will
forward their replies before the Sixth Session, Meanwhile, in accordance with
the instructions of the Contracting Parties, the Secrotarriat is preparing a
draft report on the basis of the replies thus far received) to be ready in
advance of the Sixth Session. 2. ./. GATT/CP/124
Page 2
2. Other' Import and Export Restrictions (GATT/CP/93)
Statements from the following governments, on the other import and export
restrictions maintained as exceptions to the general rule of Article XI, have
been received and distributed as indicated below:
Replies received
and distributed
Canada
Dermark
Germany
Netherlands
Norway
Southern Rhodesia
United States
Replies received
Australia
India
Italy
New Zealand
United Kingdom
Notifications that
received no such restrictions
are applied
Belgium-Luxembourg Czechosolvakia
France
The Executive Secretary was instructed by the Contracting Parties at. ,
their Fifth Session to study the statements received and to submit any material
considered likely to be of interest to the Contracting Parties, A memorandum
is being prepared on the basis of the information thus far received; any other,
statements Which arrive by 10 September will be taken into account. |
GATT Library | ws828mc3720 | Réponses au questionnaire sur les restrictions à l'importation maintenues en vertu de l'article XII (GATT/CP/89) et cmmunications relatives aux autres restrictions à l'importation et aux restrictions à l'exportation (GATT/CP/93) : Note du Secrtaire exécutif | Accord General sur les Tarifs Douaniers et le Commerce, August 16, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 16/08/1951 | official documents | GATT/CP/124 and GATT/CP/124 | https://exhibits.stanford.edu/gatt/catalog/ws828mc3720 | ws828mc3720_90310084.xml | GATT_140 | 432 | 3,572 | LIMITED C RESTRICTED
ACCORD GENERAL SUR LES TARIFS GATT/CP/124
DOUANERS -ET LE COMMERCE FRENCH 16 août 1951
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
Réponses au questionnaire sur les restrictions à l'importation n
aintenues en vertu de l'article XII (GATT/CP/89) et cmmunications n
relatives aux autresiroetrictosà importation et aux restrictions i
l;exportation (GATT/CP/
Note du Sccrtaire exfuétif
1* . u Cuestionna (G.ATT&CP/C
Des reponsés au questionnaire ont 4te régées, dans lea conditions idi-
quees ciéapres, deè gouvernements suivants, et elles ont 4te diétributes:
Pa .ys dola onse épPays dont la rdponseé EnnotPays ayant
a 4t4 regue, et é é nçest- 2 nUe o2n paryenue qu'en Das.dem
distribute 3 ejeugeres exemplairesrictions
Allemagne Australie Belgique-Luxembourg
Danmark France Canada
Finlande Inde Cuba
Norvege è Italie Etats-Unis
Pays-Bas Nouvelle-ZMbande
Rhodesie du Sud é Royauma-Uni
Tchkcoslovaquie
Union Sud-Africaine
L'Indon4sie et le Pakistanéant fait connatre oue leurs repo_ises sont
enlreparation. La Grbpeéa fait savoir qès, sous reserve de quelques éodifica-
tions qui seront indiqudes ult4rierenent, ea rultése ursm la msme éue cell
qui a etM soumise & la Quaéré~me Sessiàn,.
Le Secretariat croit savoir que let pays d4signds ci-apres appéiqueét
4galement des retric_ions %a importation on veà u de ltarticle XII:
Autriche Nicaragua
Birmanie Philippinns
Br4sil é Subde
Ceylan Turquie
Chili Uruguay
Une communication a W adreasse le 12 étéllet assés golvernementsàpour
leur demander s ils ont 1'fintention d.e re'pondre au questionnaire et, dans
llaffirmativoe avnt .quelle date il y a.liou d'escomptar que leurs reponses
seront request, On espbro que ces.gouvernements enverront leur reponse avant
l'ouverture de la Sixibme Session. Entre tèMsp, conformdment aumpsnstructioés GATT/CP/124
Page 2
des Parties Contractantes, le Secrétariat prépare,d'après les réponses
reçues jusqu'a present, un project do rapport qui sera rédigé avant la Sixième
Session
2. Autres restrictions à l'importation et restrictions à l'exportation (GATT/CP/93)
Des communications relatives aux autres restrictions à l'importation et
aux restrictions à l exportation teues par drogation a la règle générale
4nonc4e a l'article XI ont 4td rogues, dane lee conditions indiquas ci-apreis
des gouvernements suivant, et elles ont été distribuées:
Pays dont la réponse
a été reçue et
distribuée
Pays dont, la réponse.
n'est parvenue qu'en
3 exemplaires
Paya ayant notifié
qui'ils ne maintenainece
restrictions
Allemagne
Canada.
Danemark
Etats-Unis
.Norvège
Pays-Bas .. .
Rhodésie du Sud
Australie
Inde
Italie
Nouyelle- Zélande
Royaume-Uni
Belgique-
Luxembourg
France
Tchécoslovaquie
Le Secrétaire exécutif a été charge par les Parties Contractantes à
leur Cinquième Session d'examiner les communications reçus et de soumettre
toute documentation qu'il jugerait susceptible d'intéresser les Parties
Contractantes. Un mémorandum est établi d sprès les renseignements reçus
Jusqu'h present; il sera tenu compte de totes autres communications qul
parviendraient avant le 10 septembre. |
GATT Library | sc750pf7526 | Report of Intersessional Working Party on the Disparity of European Tariffs : Addendum. Insertion proposed by the Delegation of India | General Agreement on Tariffs and Trade, October 26, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 26/10/1951 | official documents | GATT/CP.6/53/Add.2 and GATT/CP.6/46-56 | https://exhibits.stanford.edu/gatt/catalog/sc750pf7526 | sc750pf7526_90070402.xml | GATT_140 | 186 | 1,373 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP1.6/53/Add.2
26 October 1951
TRADE ET LE COMMERCE BILINGUAL
CONTRACTING PARTIES
Sixth Session
REPORT OF INTERSESSIONAL WORKING PARTY ON THE
DISPARITY OF EUROPEAN TARIFFS
Addendum
Insertion proposed by the Delegation of India
At the end of the second sub-paragraph of paragraph 8 add the following:-
"In view, however, of the fears expressed by the representatives
of the under-developed countries, the French Delegation was
agreeable to their proposal being examined, for the present, by
the group mentioned in paragraph 7 above, without prejudice to the stand of
the other contracting parties."
PARTIES CONTRACTANTES
SixiFme Session
RAPPORT DU GROUPE DE TRAVAIL D' INTERSESSION
SUR LA DISPARITE DES TARIFS EUROPEENS
Addendum
Insertion proposée par la délégation l'nde
Ajouter la phrase suivante à la fin du 2ème alinéa du paragraph 8:
"Toutefois, étant donné les craintes exprimées par les représentants
des pays insuffisamment développes, la délégation frantaise a accepté
que, pour le moment, sa proposition fvt examine par le Sous-groupe
dont il est question au paragraph 7 ci-dessus, sans préjudice de
attitude des autres parties contractantes." |
GATT Library | mz235kt8667 | Report of the Drafting Group established on 4 October 1951 to prepare a draft for extended terms of reference of the Intersessional Working Party | General Agreement on Tariffs and Trade, October 11, 1951 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Intersessional Working Party on the Disparity of European Tariffs | 11/10/1951 | official documents | GATT/IW.2/4 and GATT/IC/SR.1-3 IC/SR.4-11 GATT/IC/1-8 IC/W/1-23 CP/IW.1/1-3 GATT/CP/IW.1/4 GATT/IW.2/1-14 IW.2/15-16 | https://exhibits.stanford.edu/gatt/catalog/mz235kt8667 | mz235kt8667_91850032.xml | GATT_140 | 421 | 2,818 | RESTRICTED
GENERAL AGREEMENT ON LIMITED C
TARIFFS AND TRADE 11 October 1951
ORIGINAL :ENGLISH/FRENCH
CONTRACTING PARTIES
INTERSESSIONAL WORKING PARTY ON THE DISPARITY OF
EUROPEAN TARIFFS
Report of the Drafting Group established on 4 October 1951 to
prepare a draft for extended terms of reference of the Inter.
sessional Working Party
1, The Intersessional Working Party established by the Contracting Parties
on 2 April 1951 have in their first meeting on 4 October 1951 established
a drafting group composed of the delegates from Denmark, France and the
Netherlands, The group wat invited to draft a proposal to be submitted
to the Contracting Parties, whereby the terms of reference of the Inter-
sessional Working Party might be extended so as to allow the Working Party
to examine proposals for a general reduction of tariffs presented on a
basis other than the one foreseen in the resolution of the Contracting
Parties of 2 April 1951,
2, The Drafting Group herewith submit a draft resolution of the Contracting
Parties contained in the annex of this report. They add the following
comments.
3,. It has not been found necessary to alter or amend the resolution of
the Contracting Parties of 2 April 1951. The proposal is for a resolution
of the Contracting Parties to widen the present field of action of the
existing Intersessional Working Party, -269- GATT/ IW/2/4
Page 2
Draft resolution extending the terms of reference of the
Interspasional Workin Party on the disparity of European tariffs
THE CONTRACTING PARTIES
EXING received at their Torquay and Geneva Sessions, various
proposals relating to the automatic lowering of tariff levels, either
on a general basis or with a view to reducing disparities between
the tariffs of the Euopean countries signatories of the Memorandum
of 10 March, 1951 (GATT/CP/103)
NOTE that such proposals deal with closely related problems
and should therefore be given equal consideration and examined
together;
DECIDE that it is necessary that the terms of reference. of
the Intersessional Working Party established by their .Resolution
of 2 April, 1951 should be extended; and accordingly
INSTRUCT the Interaessional Working Party, in conformity with,
the provisional authorition given at their meeting of 20 September,
1951:
To examine any proposal concerning procedures likely
to result in non-discriminatory reductions of tariff
levels, in particular the proposal submitted by the
French delegation. on 19 September, 1951 and any
proposals which may be submitted in response to the'
invitation contained in the Resolution of 2 April, 1951
in accordance with the provisions of paragraphs (a) and
(b) of the said Resolution. |
GATT Library | gk002bp7316 | Report of the Drafting Group established on 4 October 1951 to prepare a draft for extended terms of reference of the Intersessional Working Party : Corrigendum | General Agreement on Tariffs and Trade, October 17, 1951 | General Agreement on Tariffs and Trade (Organization), Contracting Parties, and Intersessional Working Party on the Disparity of European Tariffs | 17/10/1951 | official documents | GATT/IW.2/4/Corr.1 and GATT/IC/SR.1-3 IC/SR.4-11 GATT/IC/1-8 IC/W/1-23 CP/IW.1/1-3 GATT/CP/IW.1/4 GATT/IW.2/1-14 IW.2/15-16 | https://exhibits.stanford.edu/gatt/catalog/gk002bp7316 | gk002bp7316_91850033.xml | GATT_140 | 316 | 2,257 | RESTRICTEL
GENERAL AGREEMENT ACCORD GENERAL SUR LIMITED C
GRTT/IW/2/4/Corr.1
ON TARIFFS AND LES TARIFS DOUANIERS 17 October 1951
TRADE ET LE COMMERCE
GONTRACTING PARTIES
INTERESSIONAL WORKING PARTY DISPAKRITY OF
EUROPEAN TARIFFS
Report of the Drafting Group established on 4 October 1951 to prepare
a draft for extended terms of reference of the Intersessional Working
Party
CORRIGENDUM
Replace the Annex on page 2 by the following:
ANNEX
Draft resolution extending the terms of reference
of the Intersessional Working Party established 2 April 1951
The CONTRACTING PARTIES
HAVING received from the French delegation a proposal relating to
the automatic lowering of tariff levels;
EXTENP the terms of reference of the Intersessional Working Party
to include the examination of ary proposal concerning procedures like17
to result in non discriminatory reductions of tariff levels, in, particular
the proposal submitted by the French delegation on 19 September, 1951;
DECIDE that the Intersessional Working Party shall report on the
progress of its work to the seventh session of the Contracting Parties.
PARTIES CONTRACTANTES
GROUPE DE TRAVAIL D'INTERSESSION SUR LA DISFARITE DES
TARIFS EUTROPEENS
Rapport du Comité de Rédaction établi au 4 octobre 1951 en vue de
rédiger un project de Mandat élargi du Groupe de Travail d'Intersession
CORRIGENTHM
Remplaoer l'Annexe à la page 2 par le texte suivant: -274-
GATT/IW.2/4/Corr.1
Page 2.
ANNEXE
Projet de Résolution en vue d'élargir le mandat
du Group de travail d'Intersession du 2 avril 1951
Lee PARTIES CONTRACTANTES
SAISES pat Ia délégation française d'une proposition relative à la
réduction automatique des tarifs:
DECIDENT d'élargir le mandat dugroupe de travail d'Intersession pour
y inclure l'examen de toute proposition concernant. les procedures suscep-
tibles d'aboutir à des réductions, excluant toute diserimination. des
tarifs douanierc et notamment la proposition soumise par la délégation
française le 19 septembre 1951
DEVIDENT que le groupe de travail d'intereses fera à la septième
session des Parties Contractantes un rapport sur l'état de ses travaux." |
GATT Library | nn755gx5702 | Report of the intersessional working party on the complant of Czechoslovakia concering the withdawal by the United States of a concession under the terms of Article XIX | General Agreement on Tariffs and Trade, March 27, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 27/03/1951 | official documents | GATT/CP/106 and GATT/CP/106 | https://exhibits.stanford.edu/gatt/catalog/nn755gx5702 | nn755gx5702_90310003.xml | GATT_140 | 8,044 | 51,020 | RESTRICTED
GENERAL AGREEMENT ON LIMIITED B
GATT/CP/106
TARIFFS AND TRADE 27 March 1951
ORIGINAL: ENGLISH
CONTRACTIM PARTIES
REPORT OF THE INTERSESSIONAL WORKING PARTY ON THE COMPLANT OF
CZECHOSLOVAKIA CONCERING THE WITHDAWAL BY THE UNITED STATES
OF A CONCESSION UNDER THE TERMS OF ARTICLE XIX
Introduction
1. According to its terms of reference, the Working Party examined "the
contention of the Czechoslovak Delegation that., in withdrawing item 1526(a)
from Part I of Schedule XX, the United States has failed to fulfil the
requirements of Article XIX". The Working Party had. at its disposal the
following documents:
(a) A communication of the Acting Chairman of the United States
Delegation dated October 19, 1950 (GATT/CP/83);
(b) A memorandum of the Czechoslovak Delegation circulated
on November 7, 1950 (GATT/CP.5/22);
(c) The record of the discussion in the plenary meetings of the
Contracting Parties (GATT/CP.5/SR. 14, 19, 21, 22, 23);
(d) "Women's fur felt hats and hat bodies". A report of the
United States Tariff Commission dated September 1950 which
was circulated by the United States representative for the
use of the Working Party;
(e) A statement by the Czechoslovak representative circulated as
CP/IW.1/2 and Corr. 1;
(f) Additional data submitted at the request of the Working Party.
2. The United States representative also circulated to the other members
of the Working Party a report prepared by the United States Tariff Comission
on the "Procedure and Criteria with respect to the Administration of the
'Escape Clause"'. The Working Party took note of this document only insofar
as it indicated the methods followed by the Tariff Commission in their
investigation and did not consider it to be part of its task to comment on
the views expressed therein which have a bearing on the interpretation of
Article XIX.
1I. The requirements of Article XIX
3. In attempting to appraise whether the requirements of Article XIX
had been fulfilled, the Working Party examined seperately each of the
conditions which qualify the exercise of the right to suspend an obligation
or to withdraw or modify a concession under that Article. GATT/CP/106
Page 2
4. Three sets of conditions have to be fulfilled:
(a) There should be an abnormal development in the
imports of the product in question in the sense
that:
(i) the product in question must be imported in
increased quantities;.
(ii) the increased imports must be the result of
unforeseen developments and of the effect
of the tariff concession;
(iii) the imports must enter in such increased
quantities and under such conditions as to
cause or threaten serious injury to domestic.
producers of like or directly competitive
products.
(b) The suspension of on obligation or the withdrawal or
modification of a concession must be limited to the
extent and the time necessary to prevent or remedy
the injury caused or threatened.
(c) The contracting party taking action under Article XIX
must give notice in writing to the Contracting Parties
before taking action. It must also give an opportunity
to contracting parties substantially interested and
to the Contracting ?arties to consult with it. As a
rule, consultation should take place before the action
is taken, but, in critical circumstanhces., çonsultation
may take place immediately after the measure is taken
provisionally.
III. Existence of the conditions required for action under Article XIX
5. For the purposes of this section the Working Party based
.itself mainly on the figures and other factual data contained in
the Tariff Commission report; the Czechoslovak representative stated,
that, he did not dispute the accuracy of these data, but that he could
not agree with the conclusiors which the United States authorities.
drew from them.
6. increase in imports. The Working Party noted that, according
to the available data, the volume of imports of women' s fur felt
hats and hat bodies into the United States increased substantially
in 1948, 1949 and the first six months of 1950 as compared with
1946 and 1947; as from. 1949, the imports also exceeded those of
1937. The relevant figures are reproduced below: GATT/CP/106
Page 3
1937 1939 1946 1947 1948 1949 1950 (Jan.-
June)
(quantity in dozens)
52,493 6,372 36,910 15,984 44,646 120,511 61,827 (1)
The increases even more apparent i? the comparison is limited to
the value-brackets affected by the withdrawal.
14,140 8,251 36,045 106,426 53,097 (1)
7. Existence of unforeseen developments: relation of these and
of the tariff concession, to imports. The concessions granted at
Geneva were substantial. Taking a simple average for the 4 value-
brackets from $9 to $24 per dozen the duties from January 1, 1948,
were 32.3 per cent. less than the rates of the 1930 Tariff Act. (2)
8. The United States representative stated that about the time the
duties were reduced there was a style change greatly favouring hats
with nap or pile finishes, a development which was not and could not
have been foreseen at the time the concession was granted. As a
result of that style change hat bodies with special finishes were
imported in increased quantities and represented more than 95 per
cent. of the imports of women's fur felt hats and hat bodies in 1949
and in the first six months of 1950. The increased popularity of
special finishes, which, as compared with the plain felt hats require
(1) Provisional figures fox January to June 1950; these were the
latest figures available to the Tariff Commission at the time of
their enquiry, These figures for total imports show, as compared
with the corresponding figures for the first six months of 1948
(7,825 dozen) and of 1949 (16,871 dozen) a very substantial increase
in the rate of imports in 1950 as compared with 1949 and 1948.
Statistics now available indicate that total imports in the period
January November 1950 were 259,032 dozen.
Source: Official statistics of the United States Department of
Commerce.
(2) This figure is computed by comparing the ad valorem equivalent
of the 1930 compound duties at the middle point of the several
brackets with the straight ad valorem duties fixed in the Geneva
agreement, disregarding the fact that on the value bracket
$18 to $24 the compound rate of the Act of 1930 had previously been
reduced by the 1938 trade agreement with the United Kingdom., to an
ad valorem rate of 50 per cent. An appendix table shows further
details on this subject. GATT/CP/106
wage 4
much larger amounts of hand labour, which is more expensive in the
United States than in the exporting countries, created a special
problem for the United States producers who were not in a position
to adapt themselves to the change in demand in view of a severe
competition from imports, He stated that the United States
negotiators at Geneva, while realizing the shifting fashicns in
the hat trade and expecting some increase in imports, had not been
aware of the extent that this particular change in taste had then
reached in Europe and had not foreseen the degree of the future
shift to special finishes or the effect which it, together with the
concession, would have on imports. He considered this statement
was sufficient to show unforeseen developments,
9. The Czechoslovak representative stated that the term
"unforeseen development" should be interpreted to mean develoments
occurring after the negotiation of the relevant tariff concession
which it would not be reasonable to expect that the negotiators of
the country making the concession could and should have foreseen
at the time when the concession was negotiated. The other members
of the Working Party (other than the, United States representative)
agreed with this view.
10, On the basis of the interpetation accepted by the majority
the Czechoslovak representative maintained that:
(a) It is universally known that fashions are subject to
constant changes - "change it the law of fashion".
(b) Even the particular change of fashion which took place,
viz. the change in favour of velours, could and should
have been foreseen. This change was not due simply to
a change in the taste of American women; it resulted
mainly from the enterprise of the exporters (with
their selling organisation in the United States) and
of the American milliners, who deliberately produced
the new designs and created the demand for them by
advertisement and good salesmanship. This change in
fashion was thus not only foreseen but deliberately
planned in advance.
(c) The United States negotiators in Geneva in 1947 should
have known that velours would become fashionable in the
United States of imerica, since at that time it was
well-known, and was commented upon in. the trade journals,
that velours had already become fashionable in Paris,
and it could be expected that the Paris fashion would
spread to other countries.
(d) It was known to the United States negotiators in Geneva
in 1947 that Czechoslovakia had for long had an important
and special interest in the export of hat bodies with
velours and other special finishes, had obtained a
concession for this type of hat body in a pre-war trade
agreement with the united States of America, and was
desirous of obtaining once more a tariff concession on
this particular type of hat body. The United States
representative agreed that this is the case. GATT/CP/106
Page 5
(e) The United States negotiators in 1947 should accordingly
have foreseen that Czechoslovakia's exports of hat bodies
to the United States of America would consist primarily
of velours and would increase as a result of the tariff
concession, and that the Czechosloval exporters and their
selling organisation in the United States of America would
do their utmost to create a fashion in velours which
would enable them to increase their sales as much as
possible. In fact, the Czechoslovak exporters,
together with the Italian exporters, created by their
selling campaign a new market and new selling opportunities
in the United States.
(f) The causes which produced the change in fashion, and the
increased demand for velours in the United States of
America were thus not unforeseen, but could and should
have been foreseen by the United States negotiators in
1947.
(g) The other factors in the situation, viz. the level of
productivity of the United States industry in hat bodies
with special finishes, and the high proportion of wage
costs in the total cost of production of these hat
bodies have always existed and were known to the United
States negotiators. There is no evidence whatsoever
that the change in fashion, or this change combined.
with these other factors, constituted an unforeseen
development.
11. The other members of the Working Party, except the representative
of the UnitedStates agreed with the Czechoslovak representative that
the fact that hat style, had changed did not constitute an "unforeseen
development" within the meaning of Article XIX. These members and the
representative of the United States considered, however, .that the
United States negotiators in 1947 could not reasonably be expected to
foresee that this style change in favour of velours would, in fact,
subsequently take place, and would do so on as large a scale and
last for as long a period as it in fact did. Moreover, the evidence
before the Working Party appeared to indicate that the increase in
United States imports of women's fur felt hat bodies in and after 1948
was due primarily to the following causes:-
(i) The change in demand which took place .took the form
of increased demand for particular types of hat body,
the production of which requires much more labour
than does the production of plain-finished hat bodies.
(ii) As a result primarily of this higher labour content
and of the high level of wages in the United States
hat body industry, which is not matched by correspondingly
high output, the generality of United States manufacturers
were unable to produce special finishes which could
compete in price or quality with similar imported hat
bodies or, which import duty was charged at the sub-
stantially reduced rates (averaging 47½ per cent. ad
valorem) applicable as a result of the 1947 tariff
negotiations. GATT/CP/106
Page 6
(iii) In consequence, imported supplies of special finishes
were more attractive in price and quality in
comparison to the generality of domestically-produced
special finishes to such an extent that overseas
suppliers were able to secure by far the greater part
of the increasing United States market for special
finishes; and the volume of imports increased accordingly,
Furthermore, the concession had the effect of reducing
the price differential between imported special finishes
and the better quality of plain felt hat bodies produced
in the United States and of encouraging milliners and
consumers to give their preference to imported velours
and other special finishes,
12. The members of the Working Party, with the exception of the
Czechoslovak representative, accordingly considered that the effects
of the circumstances indicated above, and particularly the degree to
which the change in fashion affected the competitive situation, could
not reasonably be expected to have been foreseen by the United States
authorities in 1947, and that the condition of Article XIX that the
increase in imports must be due to unforeseen developments and to the
effect of the tariff concession can therefore be considered to have
been fulfilled.
13. Existence or throat of a serious injury. The United States
representative produced the following facts. The apparent consumption
of women's fur felt hat bodies was lower after the war than before,
ranging from 500 to 700 thousand dozen, as compared with 900 to 1100
thousand dozen in the years 1935-1939, but a larger percentage of
that reduced demand has been met by imported supplies; the ratio of
imports to consumption which averaged 4.5 per cent, before the war
and was as low as 3.2 per cent. in 1947 increased to more than 17
per cent. in 1949, and more than 23 per cent. in the first half of
1950. Domestic production in the United States remained at a lower
level after the war than was the case before the war. Post-war
figures were of the magnitude of 5-600,000 dozen as compared with
900,000 to 1,000,000 dozen before the war.
14. Imports and production, and therefore also apparent consumption,
of women's fur felt hat bodies in 1947 were all exceptionally low,
and all increased from 1947 to 1948. In 1949 and the first half of
1950, however, both imports and apparent consumption continued to
increase, while production declined. The following table shows this
decline:
Production of Women's Fur Felt Hat Bodies
1948 1949 1950 (Jan. to June)
Quantities in
dozens 629,235 565,768 203,235 (1)
Percentage of
decrease. as
compared with (2)
1948 figures - 10% 18%
(1) These were the latest figures available at the time of the
investigation. It has been subsequently determined that total
production for January-November 1950 was 607,265 dozen.
(2) Based on production of 247,865 dozen for January to June 1948 GATT/CP/106
Page 7
Consequently, at the time of the investigation, when imports were
increasing rapidly, as indicated above, there had been a substantial
decrease in production,
15. .A substantial percentage (estimated at over 20 per cent. in
1949 and at over 30 per cent, in the first six months of 1950) of the
apparont demand for hat bodies shifted-to aspcial finishes. 130 -per,
cent, of imports in 1949 were of these special finishes. As the
total consumption did not increase substantially it would appear
likely that in 1949 and the first six months of. 1950 the imported
hat bodies with special finishes replaced to some extent plain felt
hat bodies which would have normally been supplied by domestic
producers.
16, No data were available to assess the financial losses which
firms producing felt hat bodies may have suffered from the increase
in imports. In the industry as a whole the production of women's hat
bodies represents about 25-30 per cent. of the total production of
hat bodies and hats, and it has not been possible to separate the
financial results of the production of women's hat bodies from that
of men's hat bodies and hats.
17. Inquiries by the United States Tariff Commission however
showed that ten out of fourteen manufacturers questioned by it
stated that they could not make hat bodies in special finishes-
at prices competitive with imports.
18. As regards the effects cf increased imports on employment,
the figures show a decrease in the number of productive workers
on felt hat bodies (men's and women's) during the period 1947 to
1949. This reduction was substantial between 1948 and 1949 as
indicated below,
Productive Workers Engaged in Making Fur Felt Hat Bodies
Average number
of workers 4,383 4,349 3,717
Percentage decline
as compared with
1947 figures - . 1% 15%
19. It is not practicable to segregate employment in the
production of women's hat bodies from that in the production of
men's hat bodies and hats. Moreover it was difficult to estimate to
what extent the reduction in employment is due to increased imports of
women's hat bodies and to what extent to other factors including those
affecting the production of men's hat. According to the findings
of the United States Tariff Commission, a considerable part of this
reduction was attributable to increased imports, and this would seem
to be supported by the substantial decrease in production of women's
hat bodies in 1949 and in the first half of 1950. GATT/CP/106
Page 8
20. This evidence of decline in employment should be viewed in the
light of the particular vulnerability of workers in this industry to
small declines in production and employment. Over 80 per cent. of
the workers are either skilled or semi-skilled; and their age is in
general high. Thus a large majority of those employed would appear
to be skilled workers with families dependent upon them. The social
difficulties of a decline in employment in the industry would be
likely to be accentuated by its geographic concentration. For
instance,. it is estimated that 85 per cent, of the factory wages in
Danbury and 50 per cent, in Norwalk are ordinarily paid by the
fur felt hat industry, Thus the effects of a relatively small decline
in production might be aggravated by the lack of other employment
opportunities locally and by the indirect effect on most other
business activities of these communities. Figures for employment in
the fur felt hat industry (men's hats as well as men's an women's
hat bodies), and of general unemployment, in Danbury and Norwalk,
tend to support the view that imports have contributed to a decline
in employment in the case of the manufacture of women's hat bodies.
21. The Czechoslovak representative maintained that neither the
data submitted by the United States representative nor the actual
developments in the United States hat industry during the decisive
period 1947 - 1950 proved that there was any injury or threat of it
to the workers, by far the largest group of producers:.
(a) The figures for changes in the average number of
productive workers employed in the fur-felt hat bodies
industry were not conclusive. The comparison with
the pre-war situation had to be discarded as the whole
structure of the industry was admittedly on a different
footing after the war. The United States figures for
employment in different sections of the United states
hat industry were based on estimates and did not show
how the average was computed or whether seasonal workers
were included,
(b) The downward trend of employment which was slight in
1948 and more marked in 1949 was attributed by the
United States authorities investigating the situation
largely to factors other than the influence of increased
imports. Nothing definite was adduced to support the
view that the increased imports had some effect on
employment. The Report of the Tariff Commisssion
admits that "the proportion attributable to that
factor cannot be estimated with any degree of
precision".
(c) The conclusion as to whether there was any injury
to the workers caused by the increased imports should
necessarily take into account not only the decrease
in average numbers employed but also the actual
figures of unemployed hat workers. These figures
were not available, The decrease in employment in
the areas concerned was attributed largely to other factors
than increased imports. The cantention that there was
a causal relationship between the increased imports in
hat bodies with special finishes and the employment
situation in the United States hat industry remained
extremely doubtful. GATT/CP/106 Page/9
(d) The assumption of the United States representative that
the decrease in employment probably affected the skilled
and older workers was not substantiated by apy evidence.
On the contrary, it would be more reasonable to assume
that the skilled workers were not affected at all since
the domestic production of hat bodies with special
finishes, requiring a larger number of skilled workers,
admittedly increased. The statistics of employment
showed an upward trend in employment during the first
..half of 1950. It was highly probable that this
resulted from the increasing domestic production of
hat bodies with special finishes.
(e) All this, together with the fact that the wage rates
of the workers in the United States industry for women's
fur felt hat bodies wore not affected, proved that the
increased imports caused or threatened no injury to
the workers.
22. The Czechoslovak representative maintained further that the
increased imports of hat bodies with special finishes did not threaten
the United States domestic production of those types. On the contrary,
the change in fashion created by the foreign suppliers and their
selling organisation and the resulting increase in demand for those
types created an opportunity for the domestic producers to start and.
expand rapidly a production of these types:
(a) Admittedly there was no production of hat bodies
with special finishes in the United States in 1947.
The domestic producers started to produce them in
1948 under the influence of the expanding market. The
increase in the United States domestic production of
hat bodies with special finishes is quite clear from
the following table based on the data supplied by the
United States representative:
Production. Increase compared Index in
with the. previous comparison
(in thousand doz.) to 1948
1947 no production
1948 15 6 100
1943 25 66% 166
1950 100 (1) 400(1) 666 (1)
The comparison between the rate of increase in imports and the rate of
increase in the domestic production of hat bodies with special
finishes shows that domestic production had increased in higher
proportion than imports.
index of Imports Index of Domestic Production
1948 100 ' 100
1949 269 166
1950 580 666 (1)
(1) Based on figures obtained by the Czechoslovak representative
from his own source of information in the United States of
America. The estimate arrived at by doubling the output in the
first half of the year 1950 would bi, 50,000 dozen. GATT/CP/106
Page 10
The actual position of' the domestic production of hat bodies with
special finishes was, according to the data furnished by the
United States representative, as .follows:
15 manufacturers accounted for most of the total domestic
production of women's fur felt hat bodies;
14 of them had made velours or samples of velours in
either 1949 or 1950;
10 of these 14 stated that they could not make a
competitive product and sell it at prices competitive
with imported hat bodies. The prices quoted by these
firms ranged from $25 to $28 per dozen. This statement
was not examined;
4 of the above 14 quoted their price as $18. Obviously
these 4 were the only ones whose production was on
anything like a satisfactory basis. It appears from the
United States data that out of the total production of
25,000 dozen in the first half of 1950 these four
produced 25,00 dozen, one of whom was satisfied with a
price of $18. It is obvious that the other ten were
producing nothing but samples and that their production
was in an exerimental stage and that this was the real
cause of their high cost of production and inability to
compete.
(b) The United States contention that the domestic production
of plain felt hat bodies was "to some extent" affected
by the increased imports of velours does not bear
examination, It might have been expected that the
domestic production of plain hat bodies would decrease
because the producers switched over to the production of
special finishes and therefore part of their productive
capacity which previously was concentrated only on
plain hat bodies would be absorbed by the production
of velours. But in fact total domestic production of
hat bodies in the United States did not decrease at all.
Domestic production Increase as compared Index in
with previous year comparison
(in thousand dozens) with 1947
1947 487 100
1948 629 + .29 % 129
1949 566 - 10% 116
1950 (1)(est.) 650 + 15% 133
The domestic production of women's fur felt hat bodies was
thus 33 per cent, above the level of 1947 when the
concession was granted.
The actual development of the domestic United States
production of women's fur felt hat bodies from 1947 to
the end of 1950 was such that there was no serious injury
caused to it by the increasing imports of velours. The
Czechoslovak representative referred to a graph drawn by him
from the United States data showing the actual development
(1) Arrived at by adding an estimate of 43 for December to the
United States figure of 607 for the first eleven months in
1950, GATT/CP/106
Page 11
of United States production. What in fact happened was
that the change in fashion created a new market and the
demand was such that in 1949 and in the first half of 1950
the exporters and also the domestic producers were unable to
fulfil all the ordersthey received for the special finishes.
The market for plain felt hat bodies remained stationary; the
domestic production of these types was estimated in thousand
dozens by the Czechoslovak representative at 487 in 1947, 614 in
1948, 541 in 1949 and 550 in 1950. The action taken by the
United States Government operated not to protect the domestic
industry from a threat. of injury but to protect an attempt by
the domestic producers to capture and monopolize the new market
by killing the import trade and to accumulate profits which
previously never came their way. The application of Article XIX
in this respect was improper,
(a) The United States producers of hat bodies with special finishes
were not at a serious competitive disadvantage with the foreign
suppliers: the domestic production was sufficiently protected
by the reduced tariff (40-55 per cent.) plus other expenses of
importation. The United States representative was not able to
give any definite figure for the percentage of wage cost in the
domestic product. The Czechoslovak representative provided the
figures for this cost in the British production of velours
37 - 45 per cent. The proportion may be somewhat. lower in thi
Czechoslovak production, which is not the result of cheaper
labour in Czechoslovakia but of the higher productivity of the
Czechoslovak industry. In any cases it was doubtful whether
the percentage of the wage-cost in the United States products
could be higher than the percentage rates of duty fixed at
Geneva. Even those United States producers whose prices for
samples were obviously burdened by the cost of experimental
production were able to sell at $25 - $28. The bulk of the
'imported hat bodies sold in the United .States market at prices
ranging from $19 to $35 per dozen. The illusion of a competitive
disadvantage is due to the fact that the selling prices of the
domestic producers were compared with the lowest price of the
imports ($19) and not with the range of prices, No data concerning
the profits and dividends of the United States manufacturers of
women's hat bodies were available and there was no evidence
that those profits and dividends were unfavourably affected
by .the situation after the tariff concession had boon granted.
23, Lastly, the Czechoslovak representative, without questioning the
good faith of the United States Tariff Commission, maintained that it was
misled when suggesting the withdrawal of the tariff concession and the
United States authorities mistaken when resorting to this measure. On
the basis of a graph (1) showing the ourves of the domestic production month by
month in 1948, 1949 and 1950 and comparing this curve with the time-table of
the stages of the American action the Czechoslovak representative stated that.
(1) See document CP/IW.1/2/Corr. 1 GATT/CO/106
Page 12
American action the Czechoslovak representative stated that:
(a) The investigation started when the United States
production was low, this being the normal situation
in the beginning of the year;
(b) The Report to the President alleging serious injury
was presented at a date when domestic production had
already reached its usual seasonal peak. Statistics
later available showed that in 1950 the seasonal
peak was the highest since the war;
(c) The withdrawal was proclaimed at a time when
domestic production was increasing considerably. The
Czechoslovak representative maintained that the
United States authorities could. and should at that
time have taken account of the latest trend in domestic
production and have according refrained from, with-
drawing the tariff concession. Resort to Article XIX
was no longer necessary.
+ + + +
24. The views of the other members of the Working Party on the
question of serlous injury were as follows. Since the Working, Party
was required to consider whether the action taken by the United.
States in autumn1950 fulfilled. the requirements of Article XIX,
the question here to be considered is whether serious injury or a
threat thereof to the United States women's hat body industry could
be considered to have existed at the time of the United States
Tariff Commission investigation on which the United States action
was based; and data which have subsequently become available, e.g.
on production and imorts in the second half of 1950, are irrelevant
to this question.
25. Two main types of data are available, viz. (a) data relating
to the quantities of imports and of United Statos production, and
(b) statistics of employment in the United States hat industry,
and of unemployment in certain hat producing areas..
26. As regards the former, the statistics bearing on the
relation between imports and domestic production up to.mid-1950 show
a large and rapidly increasing volume of imports, while at the
same time domestic production decreased or remaied stationary.
On the whole, therefore, they constitute evidence of some weight
in favour of the view that there was a threat of serious injury
to the United States industry.
27. On the other hand it is noteworthy that the Tariff Commission
Report contains the following statement:-
"Imports of hat bodies of these special finishes have to
some extent affected domestic production of hat bodies of
plain felt, particularly those in the higher-priced
ranges. More especially, however, these imports have
severely limited the establishment and expansion of
domestic production of these special finishes." GATT/CP/106
Page 13
28. In this respect, it must be comented that any proposal
to withdraw a tariff concession in order to promote the establisbment
or development of domestic production of a new or novel type of
product in which oversees suppliers have opened up a new market is
not permissible under Article XIX but should be dealt with under
other. provisions, of the Agreement, such as article XVIII. On the
other hand it may be permissible to have recourse to Article XIX
if a new or novel type of imported product is replacing the customary
domestic product to a degree which causes or threatens serious
injury to domestic producers. The statement quoted in paragraph 27
would tend to weigh against the view that serious injury was caused
or threatened to the domestic industry. Nevertheless, the statistics
up to mid-1950 appear on the whole to indicate a material degree of
displacement of domestically-produced plain felt hat bodies by
imported velour's and other special finishes; since moreover the hat
bodies with special finishes imported in the last three years have
been sold at prices substantially lower than before in comparison with
plain-finished bodies, thus bringing the former into the medium-
priced range, in which they were not previously, available, it may
well be that they would later, if the United States had not raised
the rates of import duty, have displaced domestically produced plain-
finished hats to a considerably greater degree.
29. Employment and unemployment statistics are inconclusive.
Annual average figures of employment in the production of fur felt
hat bodies show a decrease of about 15 per cent. in the average
number of workers so employed in 19419 as compared with 1947; these
figures, however, relate to the production of bodies for men's and
women's hats and it is not clear how far this reduction is due to
decreased demand for domestically-produced women's hat bodies and
how far to other factors, especially since the greater part of. the
workers concerned are employed in producing men's hat bodies.
Figures of total unemployment in Danbury and Norwalk, where hat-making
is the predominant industry, show a relatively substantial increase in
unemployment in 1949 as compared with 1947 and 1948; the movement in
the figures of. total unemployment in these towns, however, differs
considerably from the movement in the figures of employment in hat-
making therein, so that no great degree of signifiçance can be
attached to these statistics.
30. To sum up, the available data support the view that
increased imports had caused or threatened some adverse effect
to United States producers. Whether such a degree of adverse
effect should be considered to amount to "serious injury" is
another question, on which the data cannot be said to point
convincingly in either direction, and any view on wich is
essentially a matter of economic and social judgment involving a.
considerable subjective element. In this connection, it may be
observed that the Working Party naturally could not have the
facilities available to the United States authorities for examining
interested parties and independent witnesses from the United States
hat-making areas, and for forming judgments on the basis of such
examination. Further, it is perhaps inevitable that Governments
should on occasion lend greater weight to the difficulties or fears
of their domestic producers than would evey international body, and.
that they may feel it necessary on social grounds, e.g. because
of lack of alternative employment in the localitics concerned,
to afford a high degree of protection to individual industries which GATT/CP/106
Page 14
in terms of cost of production are not economic. Moreover, the
United States is not called upon to prove conclusively that
the degree of injury caused or threatened in this case must be
regarded as serious; since the question under consideration is
whether or not they are in breach of Article XIX, they are
entitled to the benefit of any reasonable doubt. No facts have
been advanced which provide any convincing evidence that it would
be unreasonable to regard the adverse effects an the domestic
industry concerned as a result of increased imports as amotuting
to serious injury or a threat thereof; and the facts as a whole
certainly tend to show that some degree of adverse effect has been
caused or threatened. It must be concluded, therefore., that the
/ Czechoslovak Delegation have failed to establish that no serious
injury has been sustained or threatened.
IV. Extent and duration of the action taken the United States
31. Extent of the Action. Article XIX provides that the
action under paragraph 1 should be limited to the extent
necessary to prevent or remedy the injury. In this connection
two points were considered:
(a) the scope of the products affected by the withdrawal;
(b) the resulting intensification of tariff protection.
32. The United States Government has not withdrawn the con-
cession relating to item 1526(a) in its entirety; the concession'.
granted for women's hatsand hat bodies valued at less than $9 per
dozen, and those valued at more than $24 per dozen, as well as
those on men's and boys' hats and hat bodies remain unaffected,
as those products do not meet the requirements of Article XIX:
the value-brackets for women's wear unaffected by the withdrawal,
which constituted a substantial part of the total import of hats
and hat bodies prior to 1948, have accounted for slightly more than
10 per cent. of the imports since that date.
33. As regards the change in protection, the withdrawal of the
concession had the effect of restoring the compound rates specified
in the Tariff Act of 1930; the duty position would thus be the-same
as before the Geneva concession was made, except that the hats and
hat bodies between $18 and $24 per dozen would also lose the
benefit of the reduced rate of 50 per cent. which had been in force
since January 1939. The average percentage by which the withdrawal
of the concessions in the Geneva agreement increased the rate of
duty on the four value-brackets ranging from $9 to $24 per dozen
was 49.0 per cent. (1)
34. The Czechoslovak representative questioned whether the
substantial increses in rates of duty involved in the withdrawal
were necessary to prevent or remedy the alleged injury and whether
(1) This figure is computed by (1) calculating for each of the
four value brackets concerned the ad valorem equivalent of the
restored compound rate at the middle point of the bracket, and
expressing the excess of this ad valorem equivalent over the
straight ad valorem rate fixed in the General Agreement as a
percentage of the latter, and (2) taking an average (unweighted)
of the four percentages thus obtained. Further details are
given in the Appendix table. GATT/CP/106 Page 15
the re-establishment of prohibitive duties to enable an uneconomic
industry to prolong its existence was consistent with the purposes
of the General Agreement.
35. The other members of the Working Party considered that it
is impossible to determine in advance with and degree of precision
the level of import duty necessary to enable the United States
industry to compete with Overseas suppliers in the current
competitive conditions of the United States market, .and that it would
be desirable that the position be reviewed by the United Stmtes from
time to time in the light of experience of the actual effect of the
higher import duties now in force on the economic position of the
United States industry.
36. Duration of the United States action. Article XIX also
provides that action under paragraph 1 should be limited to the
time necessary to prevent or remedy the injury. The United
States Government decided to withdraw the concession without a
specified time limit as to the duration of such withdrawal, in
order to remedy the injury which in their view had already
been caused, and to prevent its threatened continuation and
aggravation. In this connection, the United States representative
stated that there would be serious practical difficulty in limiting
the duration of the withdrawal. Procedures comparable to those
followed in the case of the negotiation of a new trade agreement
concession by the United States might have to be utilized before
any lower rates of duty could again be applied to women's fur
felt hat bodies, Moreover, the consultations with two contracting
parties under paragraph 2 of Article XIX would in all probability
result in agreement with respect to compensatory adjustments, and
if the concession were restored at a later date, it would bring
in question continuation of such adjustments.
37. As regards the case under review, the other members of the
Working Party were of the opinion that the evidence pointed
rather to temporary difficulties in the industry and did not
exclude the possibility of a successful adjustment in a near
future which would enable producers to dispense wholly, or in part
with the additional protection afforded by the action taken
under Article
38. The domestic production figures for the first eleven
months of 1950 showed that the downward trend which influenced
the United States authorities in September to. conclude that a
serious injury had been caused or threatened had been arrested,
at least temporarily. It was generally agreed that me t. dt
conclusion could be drawn from these data, since the second half
of 1950 has to be considered in many respects as abnormal. These
facts, however, provide additional resons for considering it
desirable that the position should be kept under review, in order
tbat the 1947 tariff concessions may be wholly or partially
restored, as required by Article XIX, if and as soon as the United
States industry is in a position to compete with imported supplies
without the support of the higher rates of import duty. GATT/CP/106
Page 16
39. As regards the technical difficulty about compensatory
adjustments, the French and Italian representatives expressed the
view that this was not insuperable, and stated that they would be
prepared to restore the balance of the concession if the United
States Government decided later that it could restore the concenssion
on hats and hat bodies.
V. Procedural Requirements of Article XIXI
40. Pargraph 2 of Article XIX requires that a. contracting party
proposing to take action under the Article shall give notice in writing
to the Contracting Parties as far in advance as may be practicable. The
report was made by the Tariff Commission to the President on September
25 1950; notification was sent to the Contracting Partics on October 19;
the withdrawal of the concession was proclaimed at the beginning of
November and entered into force on December 1. It should also be noted
that a public announcement was made on October 19 regarding the
proposed withdrawal.
41. Paragraph 2 also provides that the Government taking action
under Article XIX shall afford an opportunity to consult with it. The
United States Government afforded this opportunity on and after
October 19 and three contracting parties substantially interested
availed themselves of this opportunity.
42. As regards the timing of the consultation, two procedures are
outlined in Article XIX. As a rule, there should be "prior consultation"
but in certain exceptional circumstances, the action may be taken
provisionally, provided that consultation takes place immediately
afterwards, The United States Government invoked the second procedure,
although by giving notice more than a month before the withdrawal entered
into force, it enabled exporting countries to enter into consultation
before the duties were actually raised. The United States importers
usually initiate price lines and samples for the season as early as
December or January, and early contracts are. made at that time; the
United States Government considered therefore that if the entry into
force of the withdrawal had been later than December 1, 1950 damage
would have been caused which it would have been difficult to repair.
Althogh the withdrawal was announced as early as October 19, it
could be considered as provisional .since it would have been legally
possible, to reconsider the measure before Decemibor 1. It was pointed
out, however that the issue of a public announcement would have,
in practice, made it more difficult to revoke the measure contemplated.
43. Although agreement was not reached with all the interested
parties in'the course of consultations, the United States withdrew the
concession as it was free to do in accordance with the terms of
paragraph 3 of Article XIX.
44. The Czechoslovak representative questioned whether the action
taken by the United States was "provisional" and whether the critical
circumstances existed in this case.
45. The other members of the Working Party were of the opinion that
the procedure followed by the United States Government was within
the terms of Article XIX. They noted that the proceedings before the
Tariff Commission could not have escaped the notice of the exporting GATT/CP/106
Page 17
countries who thus had an opportunity of consulting with the United
States Government under Article XXII of the Agreement; they also
recognised that the duration and publicity of these proceedings in the
United States may have increased the possibilities of forestalling and
speculation, and that these special circumstances would naturally lead
the United States authorities to the conclusion that it was necessary
to act quickly as soon as the decision was taken to withdraw the
concession,
46. In this connection the Working Party wishes to draw the
attention of the Contracting Parties to the desirability of delaying,
as far as practicable, the release of any public announcement on any
proposed action under Article XIX, as a premature disclosure to the
public would make it difficult for the government proposing to take
action to take fully into consideration the representations made by
other contracting parties in the course of consultations.
VI. Conclusions
47. The following paragraphs contain the conclusions arrived at
by the members of the Working Party other than the Czechoslovak and
the United States representatives.
48. These members were satisfied that the United States authorities
had investigated the matter thoroughly on the basis of the data
available to them at the time of their enquiry, and had reached in good
faith the conclusion that the proposed action fell within the terms
of Article XIX as in their view it should be interpreted. Moreover,
those differences of view on interpretation which emerged in the
Working Party are not such as to affect the view of these members on the
particular case under review. If they, in, their appraisal of the facts,
naturally gave what they consider to be appropriate weight to international
factors and the effect of the action under Article XIX on the interests
of exporting countries, while the United States authorities would
normally tend to give more weight to domestic factors, it must be
recognised that any view on such a matter must be to a certain extent
a matter of economic judgment and that it is natural that governments
should on occasion be greatly influenced by social factors, such as
local employment problems. It would not be proper to regard the
consequent withdrawal of a tariff concession as ipso facto contrary
to Article XIX unless the weight attached by the government concerned
to such factors was clearly unreasonably great.
49. For the reasons outlined above, these members came to the
conclusion that there was no conclusive evidence that the action taken
by the United States under Article XIX constituted a breach of that
Government's obligations under the Generale Areement.
50. They wish however to point out that in their opinion, action
under Article XIX is essentially of an emergency character and should be
of limited duration. A government taking action under that Article
should keep the position under review and be prepared to reconsider the
matter as soon as this action is longer necessary to prevent or remedy a
serious injury. In the case under review, events which have occurred
after it was decided to raise the duties would indicate that it would be
desirable for the United States government to follow the trends of
consumption, production and imports in the following months with a view
to restoring the concession on hat bodies in whole or in part if and as GATT/CP/106
Page 18
soon as it becomes clear that its continued complete withdrawal cannot
reasonably be maintained to permissble under Article XIX.
+ + + + +
Appendix
Women's fur-felt hat bodies: Recent ohanges in rates
of duty on the value brackets affected by the United States
aotion under Article XIX
Bracket
Per dozen
Tariff Act of 1930,
position in 1951:
ad valorem equivale
of the compound duties
At bottom :
of each :
bracket
$9 -$12 : 80.6
$12 - $1.5 : 75.0
$15 - $18 : 71.7
(1) :
$18 - $24 : 75. 0
At top of
each
bracket
66.7
65.0
63.9
62.5
and : Ad val. rate at : Per cent :Per cent:
middle of bracket: reduction:increase,
ad valorem equivalent : 1930-1948:1948-
of thee compound duties : 1930 act : 1948 : : 1951
and 1951:
At Bottom : At top of : : :
: 73.65 : 55.0 : 25.3 : 33.9
: 70.0 : 47.5 : 32.1 : 47.4
67.8
68.75
47.5
40.0
29.9
41.8
Simple average-------- -: 32.3
42.7
71.9
49.0:
(1) The rate on this bracket was reduced by the 1938, trade agreement with the
United Kingdom to 50 per cent. ad valorem. The withdrawal of the
Geneva concessionl restored the rate to the level of the Tariff Act of
1930. |
GATT Library | fj109hc9052 | Report of the Intersessional Working Party on the Disparity of European Tariffs | General Agreement on Tariffs and Trade, October 25, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 25/10/1951 | official documents | GATT/CP.6/53 and GATT/CP.6/46-56 | https://exhibits.stanford.edu/gatt/catalog/fj109hc9052 | fj109hc9052_90070400.xml | GATT_140 | 3,115 | 18,843 | RESTRICTED
GENERAL AGREEMENT ON LIMITED B
REEMENT ON GATT/CP.6/53
TARIFFS AND TRADE 25 October 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
NTERSESSIONAL WORKING PARTY ONlTH DISPARTTYE FP1?U O T O RFFFPIYFES
1. The Working Party was established by a Resolution of the Contracting
Parties adopted on 2 April 1951 at their Special Session at Torquay. The
Contracting Parties left it to the Executive Secretary to convene the first
meeting of the Working Party and to tkhne Woarrig Pty to elect their own
Chairman. The Resolution also invited the Governments of Austria, the Belgo-
Luxembourg Economic Union, Denmark, Francmane, Gery, Italy, the Nethe,rlands
Norway, Sweden and the United States "to submitto the Working Party considered
proposalms for ultilateral or other procedures designed to achieve on a non-
discriminatory basis a reduction of sthe diparities in the tariffs of the
tropean countries rconc....exed.0
2. As no proposals had beensubmityted b these countries, the Executive
Secretafry, ater consultation with the members of the Working ,Party decided
that no purpoulse wod bee servd by convening a meeting in the period between
the Special Session and the Sixth Session, but suggested that a meeting
should be held early in the Sixth Session toul formate proposals for further
act Qfor submission to the ContractiPng ies.?at$oBefore this meeting was
veconned the French Delegation laid before the Contracgtin Parties a proposal
eaiaq S a general lowering of customs tariffs (GTAT/CP/.613). This proposal
waconss eredid by the Contracting Parties at the Sixth and Seventh meetings of the
Sixth Session and the Working Party was authozeritd o take this proposal into
consideration.
3. When the Working Party met for the first mtie on 4 October, 1951,
Dr. Botha, Delegate of the Union of South Africa, was elected Chairman.
4. At the firstme eting of e tohWirkng rPaty the delegate for Denmark,
who hadee bn Chamiran of the group which held informal discussion in Torquay
on the subject of disparities in Eureopatn ariff levels, gave an account of
the further discussisonhic wh had tanke place beetwen some members of the group
of 10 in the interval since the Speciale sSsio n.The text of .MrSveinbjornsson's
statement isnn aexed to this Report. The representatives of the Beenxlu
countriesmphasized e that the fa ctthat the group of 10 hand ot as yet submitted
considered proposals should not be construed asindicating any decrease of
interest in the problem or as impily ngthat it had become less urgent. They
also disclosed th attheiGr overenmnts dha circulated to the other em embrs of
the group of 10 proposals to serve as aa bsis for further discussion.
. . . . .. * . GATT/CP.6/53
Page 2
5. The Working Party felt that the introduction of the French proposal
raised fresh problems regarding the manner in which the Working Party should
organize its work. In the first place, it was clear that the consideration of
the French proposal would require an extension both of the life of the Working
Party and of its terns of reference. Moreover, the French plan had been presented
only in broad outline and although it appeared that one of its necessary
consequences could be a contribution towards the problem of disparities in
European tariff levels, it was of much wider scope since it contemplated action
by the Contracting Parties as a whole. Some members of the Working Party also
pointed out that, before an examination of the French plan could be undertaken
even on a technical level and without any commitments as to principle, a number
of important points would have to be clarified. Thereafter their Governments
would require a reasonable interval for preparatory study before embarking upon
such a discussion. Moreover, the United Kingdom representative pointed out
that the examination of the French plan would mean heavy work for specialized
and scarce staff under difficult conditions; in consequence it might not be
possible for the technical examination of the French plan to proceed as speedily
as could have been wished.
6. A great deal of thought had therefore to be given to the further
programme of the Working Party and in particular to the relationship between
the discussion of the French plan and plans of more limited scope directed
exclusively to the question of disparities in the European tariffs. In order
to meet the procedural difficulties which arose in this connection the Benelux
delegations stated that they would be prepared to agree to the Working Party
giving priority to consideration of the French plan. The Benelux delegations
made it clear that this agreement on their part was given on the understanding
that it would in no way prejudice the Torquay decisions, that machinery would
be set up for an expeditious discussion of the French proposal and that, during
the Working Party's discussion of the French plan, they would be free to make
suggestions aimed at finding a solution to the European problem within the
broader scheme outlined by the French representatives. If, however, they
found that such a solution could not be arrived at within a reasonable times
they reserved the right to revert to the procedure agreed at Torquay for
dealing with the problem of European tariff disparities. The French delegation
indicated its general agreement with these reservations, and stated that, if the
plan proposed did not yield satisfactory results, the French Government was; hiit yiol:'sttsfactory rohlt8 * tho neh Gcorenont v, *
proapreparedrc'. tao ;,, diuselosf th Donolux o ohr ro';osals jloparo
in roponeo o Atc 'rqiit4 on,
7, Soe members 'o the Working Pair emphasized that, in their view, the
first question to decide was the geographical scope of the French proposals,
i.e. whether the pini'as to be.imited to the European countries together with
lthte United States and Canada, or whether al he contracting parties were to
take pars A decision on this point was., in their view, required before any
decision could be taken as to the composition of the body which was to under-
takte the examination of the French plan. If he plan was in fact to apply to GATT/CP.6/53
Page 3
all the contracting parties then it was, they felt, inappropriate that it
should, even in the first instance, be considered by countries belonging
only to one geographical group, or by any body other than the Working, Party
itself. If, on the other hand, it was the more highly industrialized
countries which wore likely to be these most directly affected by the French
plan, then it could appropriately be considered in the first place by a
sub-group composed only of these countries (e.g. the ten signatories of the
Torquay Memorandum on Europoan Tariff Disparities together with the United
Kingdom and Canada) on the understanding that this sub-group would in due
course report the results of its deliberations tothe Working Party.
8. Quite apart from any question of the compositon of the group to
consider the French proposal, some members of the Working Party felt that
they sould not usefully begin to consider their own position in relation to
the French proposal until ets geographical scope had been defined. The
United Kingdom representatives, for example, pointed out that the attitude
of his Governnent would necessarily depend to a considerable extent on
whether all or only some of the other members of the preferential system of
which the United Kingdom was a number were to be included in the scheme or
not. The Working Party emphasisod that under-developed countries would not
be able to participate fully, if at all, in the scheme because of the
irmportance to then of their tariff's as e.g. sources of revenue and as a moans
of protecting industries in the course of development. In extending the
terms of reference of the Working Party to enable it to consider the French
plan, the Contracting Parties should, therefore,. ask the Working Party to
consider the plan in the light of the disparities between the economic and
social conditions of different countries.
The French delegation stressed that its proposal was aimed at all
the countries participating in the General Agreement but that it would provide
for extensive waivers in favour of underdeveloped countries.
The conditions in which the French proposal could apply to such
countries would have to be examined at a later stage by the intersessional
Working Party in the light of the results achieved by the sub-group.
9. It was finally agreed that, whatever the eventual decision on the
geographical scope of the French plan, the countries referred to above
(i.e. the ten signatories of the Torquay memorandun and the United Kingdom and
Canada) could undertake a study of the plan frorn the point of view of its
application to themselves. The sub-group itself could determine the methods
by which it would study the plan, it being understood that participation in
the sub-group does not in any way imply a commitment to reach agreement
on the principle of the French plan. It should then be left to the Working
Party, after those countries had submitted a report to that body, to consider
the French proposal in its more general aspect, including any question which
may arise in respect of compensation front countries not participating in the
plan. It was also agreed that the objective of the Working Party should be
to elaborate as far as possible the technical aspects of the French plan
with a view to facilitating its more thorough consideration by the
Contracting Parties at their Seventh Session. GATT/CP .6/53
Page 4
10. It should be pointed out that three of the countries which had signed
the Torquay Memorandum (Austria, Germany and Norway) are not members of the
Working Party. It was agreed that this need cause no difficulty, since a
subsidiary body of the Working Party could be authorised to co-opt other
contracting parties having a substantial interest in the French proposal.
It is, however, for consideration by the Contracting Parties whether, in
view of her general economic importance, it would not be desirable that
Germany should formally be made a member of the Working Party.
11. The Woriing Party therefore recommends:
(a) that its terms of reference e amended by the Contracting
Parties and that the Contracting parties adopt for this
purpose the following resolution:
"The CONTRACTING PARTIES
"HAVING received from the French delegation a proposal
relating to the automatic lowering of tariff levels;
"EXTEND the terms of reference of the Intersessional
Working Party to include the examination of any proposal
concerning procedures likely to result in nonrdiscrininatory
reductions of tariff levele, in particular the proposal submitted
by the French delegation on 19 September, 1951;
"DECIDE that the Intersessional Working Party shall report
on the progress of its work to the Seventh Session of the
Contracting Parties.".
(b) that the Contracting Parties approve of the programme of work
outlined in paragraph 9;
(c) that Germany be invited to become a member of the Working Party. GATT/CP.6/53
Page 5
ANNEX I
Report by Mr. E. Sveinbjornsson on the
progress of the work of the ten countries
Mr. Chairman,
You have kindly given me the floor to give a sort of report of
what has happened in the socalled "Group of Ten" since we all left
Torquay. The reason why you call on me is, I know, that I had the great
honour to act as Chairman during the debates we had in Torquay.
Since Torquay no meeting of the Group as such has been held, but
various consultations have taken place. I am not fully aware of all
that has happened in the meantime. The report I can make can therefore
not be complete. Others may have more or less to add to what I am
reporting.
May I first recall what happened in Torquay.
Invited by the Benelux Delegations a number of countries met
informally to discuss the problem of the levelling of European tariffs
by multilateral negotiations.
These countries were: Austria, Belgium, Canada, Denmark, France,
Germany, Italy, the Netherlands, Norway, Sweden, the United Kingdom
and the United States.
During nearly two months we had some interesting debates. At the
end a memorandum was signed by 10 countries, namely the representatives
of the countries I mentioned, except Canada and the United Kingdom.
In the Menorandum the 10 countries said that "They agreed that
there existed a problem of the disparity of European tariffs, and that
a Working Party of the Contracting Parties should be created to make
an attempt to deal with it."
We then had the special session of the Contracting Parties.
We all know what happened.
The Working Party that meets to-day for the first time was set up,
and the Contracting Parties invited the 10 countries to submit considered
proposals. It was hoped that such proposals could have been before this
Working Party in good time to enable the Working Party to meet before
this Sixth Session, and make its report to the Contracting Parties.
This has, however, not been possible.
Does it mean that nothing has been done since we left Torquay?
Does it mean that the 10 countries, that worked so closely together in
Torquay and expressed so much interest in the matter, are not interested
any longer? Or does it mean that they have given up all hope? GATT/CP.6/53
Page 6
Such questions might be asked, and such questions should be
answered.
As to the first question: Has nothing been done? I want to say
the following:
I know that much thought has been given to this matter in some
countries, This has been the case first of all in the Benelux-countries,
and as we all know, they have circulated a document containing some in
my opinion very useful thoughts as to how one could further proceeds
I understand that this document has been circulated to all members of
this Working Party, so that they can be informed of the existence of
a considered proposal, considered by the Benelux group, and prepared
by them for further consideration by the 10 countries that have been
invited to consider this whole matter.
I also know that the Benelux-countries have had consultations
with some other countries, with France, with Germany and with the
three Scandinavian countries. Such consultations have taken the form
of informal meetings. But never has there been a meeting of the whole
group. It would not have been useful to have a big meeting before
some necessary preparatory work had been done I can say that the
necessary preparatory work was held up by the fact that as we all know
the political situation in France was for quite a time such that it
seemed better to wait.
What I have just explained answers in fact my second question:
Are the 10 countries not interested in the matter any longer?
Certainly we are. We have been looking forward to starting work in
the Group of' Ten as soon as possible during our stay in Geneva. I
don't think that the interest taken in this whole problem could be
more clearly demonstrated than by the fact that France has put forward
a plan, or rather has indicated some very interesting thoughts that
might be helpful in the future work. I don' t think that anybody
should expect that the 10 countries will be able to reach agreement
on a proposal that could now, I mean before the end of this session,
come before this Working Party. What we can hope for is, that we -
I mean the 10 countries or maybe some more if that is felt useful -
can first of all estabish the necessary machinery for more profound
studies after having agreed on some sort of procedure and having
pointed out what main items we will have first to discuss in principle.
With regard to my last question: Have we given up the hope?
I think I can answer: We have not.
On the other hand we are all, I think, aware of the difficulties.
But, Mr. Chairman, let me add this: I do think that we must all agree
that we cannot go on discussing this for all future. Within a
reasonable time we must at any rate reach a conclusion, either that
something substantial can be achieved, or that - after all - that is
not possible. We must know where we are - sooner or later we must
be clear about whether there are possibilities or not. GATT/CP.6/53
Page 7
When I say we, I am not speaking as former chairman of the 10
countries but I think I can speak for the low-tariff countries,
We fully recognize that we have not such bargaining power left that
we can offer concessions to the high-tariff countries But that
should also not be necessary. Between the high-tariff countries
themselves there are great possibilities.
But I wouId even go further and say; this is not a question of
mere bargaining, of giving an apple to get a pear. This is a much
more far reaching question. This is a question of cooperation beyond
the frontiers with a common benefit in view, and somepolitical
understanding will be necessary and will be called upon.
It is quite appropriate to recall to what ultimate aim we have
all bound ourselves. Having that in mind none of us should try to find
excuses to explain why we regret, not to be able to live up to the
high ideals, or - at the best - only can do so "as soon as possible" -
which sounds better but very often means quite the same.
Mr. Chairman, these are some of the thoughts that we and others
have had in our minds, and will have. I mention this, because I wanted
to explain to the members of the Working Party, how we feel and how
interested we are in this matter.
That fact that no Group-meeting has been held up to now should
therefore not be interpreted in such a way that we have lost interest
or hope, or both. On the contrary. We hope that the Working Party
will continue also after this Session, and that the Working Party will
agree that the most practical thing we could now do, was to ask the
countries primarily interested to get together, form the necessary
machinery, and start, jointly, their discussions of existing plans
or any other pltan or plans. In doing this, these countries should have
in mind that tho problem is perhaps one of the most important problems
before GATT to-day. It is an economic as well as a political question,
and one should not forget that also a negative result would have some
interesting political aspects.
I certainly agree with Mr. Pflimlin then he said that "much remains
to be done". - Let us then do it!
~~~~~~~~~~~~Heaig NVs |
GATT Library | yb386vm8181 | Report of the Intersessional Working Party on The Disparity of European Tariffs : Corrigendum | General Agreement on Tariffs and Trade, November 5, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 05/11/1951 | official documents | GATT/CP.6/53/Corr.2 and GATT/CP.6/46-56 | https://exhibits.stanford.edu/gatt/catalog/yb386vm8181 | yb386vm8181_90070403.xml | GATT_140 | 226 | 1,595 | GENERAL AGREEMENT ACCORD GENERAL SUR
RESTRICTED
ON TARIFFS AND LES TARIFS DOUANIERS LIMITED B
GATT/CP.6/53/Corr .2
TRADE ET LE COMMERCE 5 November 1951
ET LE COMMERCE BILINGUAL
CONTRACTING PARTIES
Sixth Session
REPORT OF THE INTERSESSIONAL WORKING PARTY ON THE DISPARITY
OF EUROPEAN TARIFFS
Corrigendum
The Report of the Work: ng Party, with the addition of the statement
by the French Delegation as Annex II (GATT/CP.6/53/Add.1.)was approved by
the Contracting Parties at the 27th meeting on 26 October, subject to the
following amendments:
1. The title of the Working Party was altered to read:
"INTERSESSIONAL WORKING PARTY ON THE REDUCTION OF TARIFF LEVELS";
2. The text proposed by the Dalegation of India (GATT/CP.6/53/Add.2)
was added to the second part of paragraph 8.
PART IES CONATRACTANTES
Sixième Session
RAPPORT DU GROUPE DE TRAVAIL D'INTERSESION SUR
SUR LA DISPARITE DES TARIFS EUROPEENS
Le rapport du Groupe de travail, auquel a ete ajoutée la declaration
du délégué de la France qui constitue l'Annexe II (GATT/CP.6/53/Add.1), a été
adopté par les Parties Contractantes lors de leur vingt-septième séance
tenue le 26 oct obre, avec les modifications suivantes:
1. Le Groupe de travail s'appellera désormais:
"GROUPE DE TRAVAIL D'INTERSESSION SUR L'ABAISSEMENT DES NIVEAUX
DES TARIFS DOUANIERS";
2. La texte proposé par la delegation de l Inde (GATT/CP.6,/53/Add.2)
a été ajouté au 2ème alinéa la paragraphe 8.
*
Corr.1 is in French only. |
GATT Library | pr916hf8793 | Report of the Intersessional Workinig Party on the Disparity of European Tariffs Annex II : (To be added to the report of the Working Party). Statement by the French Dlegation | General Agreement on Tariffs and Trade, October 26, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 26/10/1951 | official documents | GATT/CP.6/53/Add.1 and GATT/CP.6/46-56 | https://exhibits.stanford.edu/gatt/catalog/pr916hf8793 | pr916hf8793_90070401.xml | GATT_140 | 321 | 2,096 | RESTRICTED
GENERAL AGREEMENT ON GATT/CP. 6/53/Add.1
TARIFFS AND TRADE 26 October 1951 ENGLISH
ORIGINAL FRENCH
CONTRACTING PARTIES
Sixth Session
REPORT OF THE INTERSESSIONAL WORKINIG PARTY
ON THE DISPARITY OF EUROPE., TARIFFS
ANNEX II
(To be added to the Report of the Working Party)
Statement by the French Dlegation
M. LECUYER is happy to state that his Government has authorized him to
accept the proposal of the representative of the United States, it being
understood that the French plan retains its world-wide scope.
The American proposal concerned the setting up of a sub-group consisting
of European countries and the United Kingdom and Canada which would under-
take the study of the plan from the point of view of its application to the
more highly industrialized countries.
The sub-group would then report the results of its work to the Inter-
sessional Working Party which would examine the conditions under which the
French plan could be applied to other contracting parties.
In fact, the possibility of waivers in favour of certain countries is
already envisaged in the French proposal. France is perfectly aware that the
plan in its present form could not be applied without some adjustment to
countries with tariffs of a purely revenue character or in which industries in
course of development need to be specially protected.
France is prepared to agree that the measures provided for in paragraph
3 of the plan could and should be made much more flexible. The Intersessional
Working Party should determine the scope and nature of the readjustment called
for.
Furthermore, it is agreed that the sub-group of highly industrialized
countries would not have to deal with this matter and that its study should be
strictly limited to the examination of the French plan fronm the point of view
of its application to themselves.
The French delegation is of the opinion that the above indications will
allay the fears expressed by delegations from under-developed countries.
.._j]_. |
GATT Library | jz382zk5807 | Report of the Legal Working Party : Drafting Changes to the Torquay Protocol and Unfinished Negotiations under Article XXVIII | General Agreement on Tariffs and Trade, April 2, 1951 | General Agreement on Tariffs and Trade (Organization), Tariff Negotiations, and Contracting Parties | 02/04/1951 | official documents | GATT/TN.2/43, GATT/CPS/6, and GATT/CPS/1-7 | https://exhibits.stanford.edu/gatt/catalog/jz382zk5807 | jz382zk5807_90330208.xml | GATT_140 | 855 | 5,712 | RESTRICTED
GENERAL AGREEMENT ON RESTRICTED LIMITED B GATT/TN.2/43
TARIFFS AND TRADE GATT/CPS/6 2 April 1951
ORIGINAL : ENGLISH
TARIFF NEGOTIATIONS
Torquay
CONTRACTING PARTIES
Special Session
REPORT OF THE LEGAL WORKING PARTY
Drafting Changes to the Torquay Protocol and
Unfinished Negotiations under Article XXVIII
1. Drafting changes to the Torquay Protocol
The Legal working Party transnaits to the Tariff Negotiations Committee
the amended texts of the instruments to embody the results of the tariff
negotiations, which are contained in document GATT/TN. 2/41 and referred to
in the supplementary report (GATT/TN.2/39). If the Tariff Negotiations
Committee agrees to the proposed changes, it is recommended that the
Contracting Parties be requested to give their formal approval to the
amendments.
2. Unfinished Negotiations under Article XXVIII
It was foreseen by the Tariff Negotiations Committee and by the
Contracting Parties at their 24th meeting that action by the Tariff
Negotiations Committee to amend the Torqueay Protocol right be necessary
after "reviewing from. the to time the progress made in article XXVIII
negotiations".
It is now apparent that certain negotiations under Article XXVIII
will not be completed before the close of the Torquay Conference.
The Legal Working Party considers that it would be unwise to endeavour
at this late stage to meet the difficulty by amendment of the
Declaration on the Continued Application of the Schedules to the
General Agreement on Tariffs and Trade or of the Torquay Protocol,
or to envisage the admission of reservations to the Declaration or
to paragraph 6 of the Protocol. Accordingly, it suggests that the
Tariff Negotiations Committee should request the Contracting parties,
acting pursuant to Arrticle XXV of the Agreement, to adopt a resolution
authorising the contracting parties concerned to pursue negotiations on
certain specific items. A draft resolution is attached. GATT/TN.2/43
GATT/CPS/6
Page 2
Draft Resolution
WHEKEAS the Contracting Parties have drawn up an amendment to Article
XXVIII of the General agreement which will be embodied in the Torquay
Protocol to the Agreement and have invited all contracting parties to sign
at the conclusion of the Torquay Conference a Declaration by which they
would waive their right to invoke prior to January 1, 1954, the provisions
of paragraph 1 of Article-XXVIII of thc General Agreement;
WHEREAS under the Torquay Protocol only those modifications of the Geneva
and Annecy Schedules which have been upon or to which no objection has
been raised in the course of the Torquay Conference can enter into force
without further consultation with the contracting parties concerned or action
by the Contracting Parties;
WHEREAS, moreover, it has not been possible to reach an agreement in tine
to record in the Schedules annexed to the Torquay Protocol the results of the
negotiations concerning the modifications of concessions with respect to the
products listed in the Annex to this resolution;
The CONTRACTING PARTIES decide, pursuant to Article XXV(5)(a),
1. That notwithstanding signature of the Declaration on the continued
application of the Schedules to the G.A.T.T. and of the Torquay Protocol,
the governments of France, Cuba and Haiti shall be authorised to pursue the
negotiations relating to modifications of concessions with respect to the
products which are, listed in the annex to this resolution with the contracting
party or contracting parties with which each concession was initially negotiated
and with the contracting parties which, during the Torquay Conference, have
notified that they had a substantial interest in that concession.
2. The contracting parties concerned shall endeavour to reach an agreement
on or before 1 July 1951 and to maintain a general level of reciprocal and
mutually advantageous concessions not less favourable to trade than that
provided for in The present Agreement.
3. Any modification on which agreement is reached before 1 July 1951 may be
made effective by agreement of the negotiating parties, provided that at least
thirty days' notice of the date on which the modification or modifications will
become effective shall be given to the Executive Secretary.
4. If, prior to 1 July 1951, the negotiations referred to in paragraph 1
above have terminated without agreement having been reached, this fact shall be
notified to the CONTRACTING PARTIES and the contracting party seeking the
modification shall be free to put it into effect on or after the thirtieth day
following such notification.
5. If, by the 1 July 1951, no agreement has been reached on a proposed
modification listed in the Annex to this solutionio, this fact shall be notified
to the CONTRACTING PARTIES by the contracting party seeking the modification,
and that contracting party shall be free to put into effect such modification
on or after the thirtieth day following such notification.
6. If a contracting party is substantially affected by a modification made
effective under paragraph 4 of this resolution, it will bc free, not later than
six months after such action is taken, to withdraw, upon the expiration of thirty
days from the day on which written notice of such withdrawal is received by the
CONTRACTING PARTIES, substantially equivalent concessions initially negotiated.
with the contracting party taking such action under 4 and 5 above.
Note: The Annex referred to in the Resolution has been distributed
as document SECRET/CP/16. |
GATT Library | nf029vq3903 | Report of Working Party 1 on resolutions of the International Chamber of Commerce | General Agreement on Tariffs and Trade, October 20, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 20/10/1951 | official documents | GATT/CP.6/36 and GATT/CP.6/35-45 | https://exhibits.stanford.edu/gatt/catalog/nf029vq3903 | nf029vq3903_90070379.xml | GATT_140 | 7,029 | 45,094 | RESTRICTED
LIMITED B
GENERAL AGREEMENT ON 20 October 1951
ORIGINAL: ENGLISH
TARIFFS AND TRADE
CONTRACTING PARTIES
Sixth Session
ON
RESOLUTIONS OF THE INTERNATIONAL CHAMBER OF COMMERCE
The Working Party appointed by the Contracting Parties to which were
referred resolutions III, IV, VI, contained in the Brochure "International
Trade and Governmental Regulations" (No. 153), submitted by the International
Chamber of Commerce, was composed of representatives of Brazil, France,
Greece, India, Italy, Netherlands, New Zealand, Pakistan, Sweden, United
Kingdom and United States, and was presided over by Mr. Ashford (United
Kingdom). The terms of reference required them to examines and make
recommendations on, the International Chamber of Commerce resolutions
regarding:
(i) the customs treatment of samples and advertising material;
(ii) the simplification of documentary requirements for the
importation of goods;
(iii) consular formalities.
The Working Party decided to invite the International Chamber of Commerce
to send representatives to one meeting of the Working Party to make a
statement regarding the contents of these three resolutions and to answer
questions on points which after a preliminary examination by the Working
Party might require clarification. The President of the Chamber of Commerce,
Mr. Rolf-ven-Heidenstam, and Mr. R. Barton, Director, stated their views and
gave the Working Party the benefit of their experience in this field.
The meetings were attended by the representatives of the European
Customs Union Study Group, M. Roux and Mr. F. E. Smith, the question of the
Customs Treatment of Samples and Advertising Material having been the subject
of study by their organizations
In the course of numerous meetings the Working Party made a full study
of the problems referred to them and submits herewith to the Contracting
Parties:
(i) a draft Convention for the Purpose of Facilitating the Importation
of Commercial Samples and Advertising Material (Annex A); GATT/CP.6/36
Page 2 4, Y '..
(ii) det ecommendations on Documentary r PReuirements fo;'.'
importation of Goods (Annex B); :
(mmeiii) dr aft Resular Formcondationson Cona.lities (Annex C)
The Working Party recommends that the Contracting Parties should
consider de-restricting this document at an early date in order that it may
be useed to parties of the inform intreste purposes of the draft Convention
and tndationshe draft Recomme.
I. DFRAFT COPNVPOSEENT ION OR THE GUR OFFACILITATIN
1. The Working Partmmy agreed to recoend to the Contracting Parties that
te text of the ndraft Conventiopherewith submitted be noted and circulated
to their Goovernments and t the International Chae formber of Commercoe:..,
tmets' pior to t.he Seventh Sessions opies might also'besent for:
information to the European Customs Union Study Gcroup, and to the Seretary-
General of the United Nations for the guidance of the Economic and Social
Council, whichE in its resolution /1943 of 8 March 1951 referred the matter to
the Contracting Parties and expressed the hope that they would give it
consideration.
In view of the nerous problems ratised it was felt Tht sufficient time
should be given for a mature consider.ation of the text It is therefore
rcomended that any commen ts, suggestions.o proposed amendments be
addressed to the Executive Secretary not later than 1 March 1952, or two
months prior to the oepenihng of th, e Svent Sessionwhichever is the later,
in order that they may be collated and circulated to all contracting parties
for their informateion. At the Sevnth Session the Contracting Parties would
then be in a position to give the draft definitive form and to open the
Convention for signature.
2. In accordance withn the Internatioammelc Chamber of Core Resolutions
and the Economoic an'd Socommendations, cial Cuncils.rethe Working Party
took as its sta rting poivnt thedraft Conention of 1935, and the present
draft represents a more up-to-date and somewhat expanded version of the
1935 proposals. The Working Party wishes particularly to call attention
to the.ollowing points: , .
(a)
(i) The Working P arty considered thatthe expression "no saleable
value" in the 1935 draft Convention was not entirely
satissmfactory, since all aples could be said to have some
saleable value A more accurate concept was that the samples
were of such a character that the Contracting Parties were
prepared to ignore tomsheir value for cust purposes.
Accordingly the formula "negligible value" was adopted. GATT/CP.6/36
Page 3
(ii) The majority of the members of the Working Party considered
that the wording of paragraph 1 could be interpreted by
customs authorities to mean that, in considering whether
samples were, or were not, of "negligible value", they were
at liberty to take into account either the value of each
individual sample or the aggregate value of samples forming
part of one consignment, in the light of all the circumstances
of the importation.
The United States representative considered that the
text as it stood was ambiguous and felt that it should
explicitly state that customs authorities were given the
option between the two criteria.
(b) Annex to Article II
(i) In the discussion of this Annex the Working Party was almost
equally divided on the question whether it should, or should
not, be included in the draft Convention. The views for and
against are set out below. In the circumstances the Working
Party decided to place the Annex in square brackets and to
ask governments to direct their comments in particular to
this question.
(ii) It was contended by those representatives who opposed the
incorporation of a list of produces benefiting from the
provisions of Article II, that such an enumeration was
contrary to the logic of the Convention. Either an exhaustive
list should be drawn up of the products whose samples would be
covered by Article II, in which case a general definition in
Article II was unnecessary, or the Convention should provide
as clear a general definition as possible in Article II, in
which case a list of examples would be redundant and mis-
leading. The discussion in the Working Party and the
proposed additions to the list show clearly the difficulties
which would have to be overcome if an attempt were made to
arrive at an enumeration which would satisfy all parties. It
was clear that each country would favour the inclusion of its
products and oppose the insertion of those products the
samples of which could not for various reasons easily be
granted the benefits in question. Furthermore, if products
were enumerated, the minimum quantities for duty-free
admission would have to be fixed precisely whereas the text of
Article II provided the clear criterion of "negligible value"
which was elastic enough to cope with any practical
difficulties .
While agreeing that no list could be exhaustive, the represen-
tatives holding the other point of view recalled that the
principle of duty-free admission had long been admitted by the
majority of countries, but that, in fact, the practical
application of the principle differed very widely. It was GATT/CP.6/36
Page 4
with the aim of achieving a more uniform application of the
general principles that the Economic Committee of the League
of Nations had devised the list appearing in Article 2 of
the 1935 draft Convention (E, 726 L. o. N. 2 July 1931). In
view of the difficulty of reaching a precise definition of
samples of negligible value, the representatives of the
International Chamber of Commerce have pointed out the
advantages of such a list. For these reasons certain members
of the Working Party favoured the retention of a list which,
though not exhaustive, would give, by way of example, indi-
cations for the duty-free admission of certain samples and,
in particular, samples of agricultural products and foodstuffs.
They felt that such a list would allow customs authorities to
decide other cases by analogy. These representatives thought
that if the Convention contained no such indications it would
do no more than give sanction to a principle which had been
long admitted but which would continue to be applied by each
country in a widely different manner. WhiIe not denying the
difficulties which would be not in drawing up this list, it
was felt by then that they wore not such as should deter the
Working Party from attempting the task.
(iii) Having regard to the facts set out in the preceding paragraphs
the Working Party did not deal with the provisions of the
Annex in detail but left the wording of paragraphs 1 to 12 of
Article 2 of the 1935 draft Convention unchanged.
are invited to supply information as to the limits of weight,
quantity or value of their present exemptions for articles rti. a
by these paragraphs and to indcoveredicate to wehat extnt
they wopreuld dbe p modify those limits in the eventare to
e proposal for the retentionm at- the exAin theom noy
Conventionenerally accepted were g.
This , whichArticle was not included in extenso in the 1935
draft Convention, has been basrted on Aicle 10 of the 1923
Convention on the Simplification of Customs Form.alities Care was
taken to depart as little as possible from the substance of that
Article. There was generaml tagreeen uoefun the slness of these
provisions, and that it would be advantageous to include the
Article and thus extende the fild of its application to those
entsgovonm.wahicoh hogned nue si2Othc19? Convertion but were
likely to sign the one which was being pr.epared
The United States representative pointed ou,t that in view of
the organisation of their customs adminiistraton and of the general
system controlll ing algovernmental dimsbur,seents they would find
difficulty in applying the provisions of paragrapht 6 of his
Article as at presente .draftd GATT/CP.6/36
Page 5
Attention is called1al t eoQq ar saue bracketspaingDrphs 2,a2ra I 3
d 8. 1 passagesaSamquestion related to t&ehq. usion of
identity cards for commercial travellers and the comments of
governments on this subject are particularly desired. It appeared
from the discussion that by far the largest number of governments
represented on the Working Party did not require an identity card
for commercial travellers operating in their countries. A number
of observers from other contracting parties who were present at
the discussions, also said that no such document was required in
their countries. One representative said that identity cards were
required nationally in order to ensure conformity with the 1923
Convention on the Simplification of Customs Formalities which had
inaugurated the principle of an international identity card for
commercial travellers, although in fact that card was introduced
as an optional, not a compulsory requirement.
Two members of the Working Party (and also one observer)
announced that identity cards were required under their legislation.
One of then explained that this obligation derived not from the
customs laws but from the domestic status of commercial travellers,
which required national travellers to hold a professional card;
.that the identity card took the place of the professional card;
that if the identity card were abolished, foreign travellers would
be obliged to apply to the competent authorities of the importing
country for a special permit corresponding to the national
commercial travellers' card, which would be more complicated than
the existing system; and that it was precisely in order to avoid
these complications that optional production of international
identity cards had been permitted under the 1923 Convention.
On the basis of the information thus given the majority of
the Working Party considered that to make a reference to such a
document in the present draft Convention, would be to perpetuate
a formality which was shown to be required by very few governments,
a formality, which if maintained by any one contracting party would
require all contracting parties to institute machinery for the
issue of identity cards.
The scope of the corresponding Article in the 1935 draft
Convention has been slightly widened, to conform to actual
commercial needs. It now covers:
(i) a single copy of a catalogue, price list or trade notice;
(ii) an assortment of several different catalogues etc., provided
there is not more than one copy of each.
(iii) an assortment of catalogues etc., in which there may be more
than one copy of each document, provided that a reasonable
weight limit is not exceeded. The weight limit has been left GATT/CP.6/36
Page 6
in square brackets in paragraph 1(b). No decision was taken
on the limit pending consideration by governments prior
to the Seventh Session of the Contracting Parties.
The present draft does not limit the concession to catalogues
etc., imported by post, since it was envisaged that there might be
circumstances in which catalogues might be sent by air, or by
surface transport across frontiers. It was also felt that the weight
would make a restriction as to the method of transmission unnecessary.
This Article was introduced on the proposal of the United
Kingdom Delegation in order to bring the text into closer conformity
with present commercial needs. Cinematograph films are today in-
creasingly employed to show the nature or operation of products whose
qualities cannot be easily demonstrated by samples or catalogue.
It will be noted that the tine limit for re-exportation has not been
fixed; some delegations favoured a shorter period than that for
products which fell under the provisions of Article III.
therefore requested that governments should submit definite
suggestions as to the appropriate period to be fixed.
In accordance with the views expressed during the Plenary
Session and by the representatives of the International Chamber of
Commerce, the Working Party addressed itself to the question of the
application of quantitative restrictions to the products covered by
the draft Convention.
The Working Party considered that the items covered by the draft
Convention, when not involving payments should be admitted free of
quantitative restrictions, subject to the usual exceptions on
health, etc . grounds.
(g) Articles VII to XIV IIt I
No major changes of substance have been made in these articles.
With regard to Article VIII the Italian Delegation disagreed
with the majority of the Working Party on the exclusion of a para-
graph which was contained in Article 9 of the 1935 draft and worded
as follows "This Article shall not apply to the decisions of customs
administrations provided for in Article 1". The majority view was
that the Article referred to disputes between g,overnments not disputes
between importers and national governmental a,uthorities and that
the additional paragraphe was unnecssary.
is called to the square brackets in Article XI relatingos Atnlog
ber of ratifications required for o nth itorynt forc and
rin At icleXelII rg to atiddnth uon of the irateCtonv.nion
in tth2Cooio_ GATT/CP.6/36
Page 7
(h) Reciprocity Treatment
The Working Party took note of the fact that the operation of
the most-favoured-nation clause may result in the extension of the
benefits of the present Convention to contracting parties to the
General Agreement who do not sign the Convention. This, however, is
a general problem which did not fall within the competence of the
Working Party.
(i) Other MattersM
The Article in the 1935 draft Convention relating to the treat-
emnt of commercial travellers was not included as it was considered
that the Convention should be lmiietd to the treatment of goods, as
distinct from erpson.s
The Working Party considered that it was unencessary to include
an Article on tourist propaganda material, since tihs was adequately
covered by the UNESCO Convention on the Importation of Educationa,l
Scientific and Culturalmaterial, and the Touring Conventio.n
The French Delegation submitetd a proposal for the study of the
possibility of setting up a system of aCrnet do Passages to facilitate
the movement of samples of more than negligible value (C.P6/W/6.)
This system would relieve cmmerocial travellers of the obligation to
deposit considerable sums for the temporary admission of such samples,
The payment of duiest would be guaranteed by approved national
organizations which would mutually guarantee each other through an
international organization also approved by governments.
The Working Party recognized the importance of this suggestion
and mentioned it to the representatives of the nIternatoinal Chamber
of Cormerco who said that they would look into it.
In the circumstances, it was decided that it would be preferable
to await the result of the International Chamber of Cmmoerc'es
consideration of thematter before pursuing it any furthe.r
I. DRAFT RECOMMENDATIONSI ON DOCUMENATRY REQUIRMENETS
FOR THE MPIORTATION OF GOODS
The subject matter of this resolution of the International Chmaber of
Cmomerce appeared to be best covered by a est of ercmmeondations to be issued
by the Contracting Parties to governments for their guidanc.e It was agreed
however that the Working Party would not recmmoend immediate adoption by the
Contracting Partie,s but that the draft should be circulated to goevrmnents
for study and comments with a view to further consideration at the Seventh
Sessio.n Such cmmeents should erach the Secretariat by 1 March 1952 or two
months prior to the opening of the Seventh Sessio,n whichever is the later
in order that they mightb eg ievn full circulatio.n Substantial agreement GATT/CP.6/36
Page 8
was found in the Working Party on the main lines of the International Chamber
of Commerce proposals.
On the question of the abolition of transit manifests, the scope of this
suggestion was not very clear, and additional information promised by the
International Chamber of Commerce had not arrived. The Working Party therefore
decided not to include this matter amongst its draft recommendations It
could, of course, be taken up again at the Seventh Session in the light of any
further information received.
The Working Party unanimously agreed that since the Contracting Parties
had deferred consideration of the International Chamber of Commerce Resolution I
on the subject of valuation for customs purposes it would not be appropriate
for the Working Party to discuss Section F of Resolution III, which is con-
nected with this subject.
III. CONSULAR FORMALITIES
As in the matter of documentary requirements, the Working Party recom-
mended that their draft recommendations on consular formalities might be sub-
mitted to governments for study and comment with a view to further consideration
at the Seventh Session of the Contracting Parties. Comments should reach the
Secretariat by 1 March 1952 or two months prior to the opening of the Seventh
Session, whichever is the later, in order that they may be given full circulation.
One of the rules which the International Chamber of Commerce recommended
should be followed in cases where governments find it impossible to dispense
with consular formalities stated that "additional documents such as certi-
ficates of origin should not be required". The meaning and implications of
this point were not clear to the Working Party and it was decided not to
incorporate it in the draft. GATT/CP. 6/36
Page 9
ANNEX A
To the Report of Working Party 1 on Resolutions
of the International Chamber of Commerce
DRAFT INTERNATIONAL CONVENTION FOR THE PURPOSE OF
FACILITATING THE IMPORTATION OF
COMMERCIAL SAMPLES AND ADVERTISING MATERIAL
The Governments signatories to the present Convention
Believing that the adoption of uniform regulations regarding the
importation of samples and advertising matter would promote the expansion
of international trade,
Have agreed as follows:
ARTICLE I
For the purposes of the present Convention:
(a) the term "import duties" means customs duties and all
other duties and taxes payable on or in connection with
importation, such as internal taxes, excise duties,
statistical taxes and import taxes, but not including
fees and charges which are limited in amount to the
approximate cost of services rendered and do not represent
an indirect protection to domestic products or a taxation
of imports for fiscal purposes; and
(b) references to the territory of a Contracting Party include
its metropolitan territory and any territory for whose
international relations it is responsible and to which the
Convention extends in accordance with Article XIII.
ARTICLE II
1. Each Contracting Party shall exempt from import duties samples
of goods of all kinds imported into its territory, provided such samples
are of negligible value and are only to be used for soliciting orders.
2. The Customs authorities of the territory of importation may
require that, as a condition of their being exempted from import duties
In accordance with paragraph 1 of this Articles samples shall be made
useless by tearing, perforation or other treatment, but not, however, so
as to destroy their value as sampled. GATT/CP.6/36
Page 10
3. This Article shall not apply to samples made up on behalf of a
manufacturer or trader established in the territory into which they are
imported.
ANNEX TO ARTICLE II
[ Without prejudice to the generality of Article II, samples of
the following goods in particular shall be entitled to exemption from
import duties in accordance with that Article, subject to the limitations
specified therein and provided that the weight or volume of each consign-
ment does not exceed the limits, if any, laid down by the importing
country as compatible with the character of samples;
1. Foodstuffs and beverages, including wine, spirits, cider,
beer, mineral water, juice of grapes or other fruits, edible
oils, margarine and other edible fats, etc., provided that not more
than one sample of each kind or quality is included in every consign-
ment and that the weight or volume of these products does not exceed
the limits laid down by the importing country as compatible with the
the limits laid down by the importing country as compatible with the
character of samples.
2. Base metals, skins, leather, rubber, wood, cork and similar
substances, also materials plaited or spun, in sheets, bundles, sets
or individual pieces, of a shape precluding the possibility of any
other use than as samples, or in threads, bars, tubes, cables or
cords of a maximum length of 10 cm., affixed or not on cards and not
capable of any use than as samples.
3. Sets of papers, envelopes, notepaper and picture postcards,
rendered useless by being pasted on sheets, cancelled by a stamp,
etc., wallpapers, mounted on stands or not, sent by a foreign
supplier to customers and bearing his name or mark, and also single
portions of paper or wallpaper suitable for showing an entire
design but not usable for any other purposs.
4. Samples of threads of all kinds arranged on cards in order of
size, quality or colour, sent by a supplier to a customer.
5. Woven textiles of all kinds and felt cloths made into sets
or bundles, bearing the name or mark of the supplier, or imported in
separate pieces, provided that owing to their size and nature they
can be used only as samples or are rendered useless for other
purpose; for example by cuts or perforations.
6. Coloured samples containing specimens of woven textiles
leather or other materials to show the nature and colour effect,
provided that, owing to their size and nature, they can be used only
as samples or are rendered useless for other purposes; for example
by cuts or performations.ioW,,
7 Samples of manuf.ctured goods such as shawls, .andkerchiefs,
ties, stockings, footwear, gloves, gaitesers, rviettes, hats etc.,
with deeps cut, or forming only half or a quarter of the article and GATT/CP. 6/36
Page 11
not capable of being used.
8. Samples of wood, stone, pottery, earthenware, china or glass,
bearing several kinds of design, sculpture, etc., on one article,
which cannot be put to any other use.
9. Screws, rivets, nails, etc., buttons, buckles, hooks and,
generally speaking, small articles serving as ornaments or accesories
in the clothing trades affixed to cards containing a single sample of
each size and of each kind and constituting genuine collections of
samples.
10. Small samples of essence of turpentine, colophony, tartar,
wax or other products in the raw state.
11. Samples of fruit essences artificial dyes, etheric oils and
chemical products, provided there is only one sample of each kind and
quality in every consignment and that the weight or volume of these
products does not exceed the limits fixed by the importing country as
compatible with the character of samples.
12. Samples of colours and inks for painting and drawing, in
small tubes or bottles of such small content that there is no
possibility of their being sold.]
ARTICLE III
1. For the purposes of this Article, the term "samples" means
objects representative of a particular category of goods already produced
and examples of objects the production of which is contemplated by the
sender, provided:
(a) that they are such that they can be duly identified on
re-exportation;
(b) that they are not of such quantity or value that, taken as
a whole, they no longer constitute samples; and
(c) that they have not been produced abroad on behalf of a
manufacturer or trader established in the territory of
importation.
2. Samples which are chargeable with import duties shall, when
imported from the territory of another Contracting Party, with or
without the intervention of a commercial traveller, by a manufacturer or
trader established in the territory of any Contracting Party, be tem-
porarily admitted into the territory of any of the Contracting Parties
free of import duties, subject to the import duties and any other amount
that may be payable being deposited or security being given for payment
if necessary.
3. To obtain this privilege manufacturers, traders and commercial GATT/CP.6/36
Page 12
travellers must comply with the relevant laws, regulations and customs
formalities prescribed by the authorities of the territory into which
samples are imported. [These laws and regulations may require the
manufacturer, trader or commercial traveller concerned to be in possession
of an identity card as provided in paragraphs 7 and 8].
4. The customs authorities of any of the Contracting Parties shall
recognize as sufficient for the future identification of samples the customs
marks which have been affixed by the customs authorities of any other
Contracting Party, provided that the said samples are accompanied by a
descriptive list certified by the customs authorities of the latter
Contracting Party. Additional marks may, however, be affixed to the
samples by the customs authorities of the territory into which they are
imported in all cases in which the latter consider this additional guaran-
tee indispensable for ensuring the identification of the samples on re-
exportation.
5. The period allowed for re-exportation shall be not lass than
six months, and may be prolonged by the customs authorities of the
territory into which the samples have been imported. When this period
has expired, import duties and any other amount due shall be payable on
samples which have not been re-exported.
6. The refund of duties and any other amount paid on importation
or the release of the security for payment of duties and any other.
amount shall be effected without delay at any of the customs offices
situated at the frontier or in the interior of the territory which possesses
the necessary authority and subject to the deduction of the duties and
other amount payable on samples not produced for re-exportation. Each
Contracting Party shall publish a list of the customs offices on which the
said authority has been conferred.
[7. Where identity cards are required for the purposes of this
Convention they must conform to the specimen annexed to this Convention,
and be delivered by an authority designated for this purpose by the
Contracting Party in whose territory the manufacturer or trader has his
business headquarters. Subject to reciprocity, no consular or other visa
shall be required on identity cards unless a Contracting Party shows that
such a requirement is rendered necessary by special or exceptional
circumstances. When a visa is required its costs shall be as low as
possible and shall not exceed the cost of the service.]
[8. Each Contracting Party shall, as soon as possible communicate
direct to other Contracting Parties, and also to the Secretary-General
of the United Nations, a list of the authorities recognised as competent
to issue identity cards.]
ARTICLE IVLU M
1. Each Contracting Party shall exempomt fr import duties catalo-
gues, price-lists and trade notices imported into its territory froem th
territory of another Cocntrating Party GATT/CP. 6/3 6
Page 13
(a) in a single copy of each of any number of different
documents, whatever their weight; or
(b) in several copies (whether of the same or different
documents), provided that the total weight of the
copies does not exceed [200] grams
and relating to goods offered for sale by a manufacturer or trader
established in the territory of another Contracting Party. Simultaneous
but separate dispatch of catalogues, price-lists or trade notices from the
place of origin to different addresses in the territory of importation
shall not debar such documents from this exemption provided the above
conditions are met in the case of each consignee.
2. Notwithstanding paragraph 1 of this Article, a Contracting Party
shall not be obliged to exempt from import duties on importation into its
territory
(a) catalogues price-lists and trade notices printed abroad
on behalf of a manufacturer or trader established in the
territory of importation;
(b) catalogues, price-lists and trade notices which do not
clearly indicate the name of the foreign concern manu-
facturing or selling the goods to which such catalogues,
price-lists or trade notices relate; or
(c) catalogues, price lists and trade notices which arrive at
the frontier of the territory of importation in packets
grouped together for subsequent dispatch to separate
addresses in that territory.
ARTICLE V
Each Contracting Party shall accord the facilities (except as
regards the period allowed for re-exportation) provided by Article III of
the present Convention, subject to the conditions laid down in that
Article, to developed cinematograph films of a width not exceeding 16 mm.
shown to the satisfaction of its Customs authorities to consist essentially
of photographs (with or without sound track) showing the nature or
operation of products or equipment whose qualities cannot be adequately
demonstrated by samples or catalogues, provided that the films:
(a) relate to products or equipment offered for sale by a
manufacturer or trader established in the territory of
another Contracting Party; and
(b) are of a kind suitable for exhibition to prospective
customers but not for general exhibition to the public;
and
(c) are imported in a packet which contains not more than one GATT/CP.6/36
Page 14
copy of each film and which does not form part of a larger
consignment.
The period allowed for re-exportation in the case of such films must be
not loss than
ARTICLE VI
1. No Contracting Party shall apply import prohibitions or
restrictions (other than import duties), whether made effective through
quotas, import licences or other measures, on the importation from the
territory of another Contracting Party of products
(a) which qualify for exemption from import duties by virtue
of the provisions of Article II or Article IV of this
Convention; or
(b) which qualify for temporary duty-free admission by virtue
of the provisions of Article III or Article V of this
Convention;
provided that the importation of such products involves no payment.
2. The provisions of this Article shall not prevent the authorities
of the importing country from applying in the case of non re-exportation
of products accorded the facilities of Article III or Article V of the
present Convention such measures as would have been applicable had not the
products been temporarily admitted under the provisions of the said
Article III or Article V. To ensure re-exportation or the application
of these measures the authorities of the importing country may require
appropriate guarantees such as the deposit of special security over
and above that deposited against any duty and other amount that may be
payable.
3. The provisions of this Convention shall not prevent a
Contracting Party from applying import prohibitions or restrictions:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the importation of gold or silver;
(d) necessary to secure compliance with laws or regulations
relating to customs enforcement, the enforcement of State
monopolies, the protection of patents, trade marks and
copyrights;
(e) necessary to prevent deceptive practices;
relating to the products of prison labour
(f ) GATT/CP. 6/36
Page 15
(g) necessary to the application of standards or regulations
for the classification, grading or marketing of commodities
in international trade,
ARTICLE VII
1. Each Contracting Party shall grant the greatest possible facilities
when determining the formalities required in respect of the matters
covered by the present Convention.
2. Each Contracting Party shall publish promptly all regulations
introduced in this respect in such a manner as to enable persons concerned
to become acquainted with them and to avoid the prejudice which might
result from the application of formalities of which they are ignorant.
ARTICLE VIII
1. Any dispute between any two or more Contracting Parties
concerning the interpretation or application of the present Convention
shall so far as possible be settled by negotiation between them.
2. Any dispute which is not settled by negotiation shall be
referred to a person or body agreed between the Contracting Parties in
dispute, provided that if they are unable to reach agreement, any of these
Contracting Parties may request the President of the International Court
of Justice to nominate an arbitrator.
3. The decision of any person or body appointed under paragraph 2
of this Article shall be binding on the Contracting Parties concerned.
ARTICLE IX
1. The present Convention shall be open for signature until
............... by the Governments contracting parties to the General
Agreement on Tariffs and Trade and by the Governments of all States
members of the United Nations, or of any State not a member of the United
Nations, which the General Assembly of the United Nations may declare to
be eligible.
2. This Convention shall be subject to ratification by the
signatory Governments in accordance with their constitutional procedures,
and the instruments of ratification shall be deposited with the Secretary-
General of the United Nations.
ARTICLE X
1. This Convention shall be open for accession by the Governments
of any of the States referred to in paragraph 1 of Article IX.
2. Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations. GATT/CP.6/36
Page 16
ARTICLE XI
1. When [ ] of the Governments referred to in Article IX have
deposited their instruments of ratification or accession, the present
Convention shall come into force between there on the thirtieth day after
the date of the deposit of the [ ] instrument of ratification or
accession. It shall come into force for each other Government on the
thirtieth day after the deposit of its instrument of ratification or
accession.
ARTICLE XII
1. After the present Convention has been in force for [ ]
years any Contracting Party may denounce it by notification of denunciation
to the Secretary-General of the United Nations.
2. Denunciation shall take effect six months after the date of
receipt by the Secretary-General of the United Nations of the notification
of denunciation.
ARTICLE XIII
1. Any Government may at the time of the deposit of its instrument
of ratification or accession or at any time thereafter by notification
addressed to the Secretary-General of the United Nations declare that
the present Convention shall extend to all or any of the territories for
the international relations of which it is responsible and the Convention
shall extend to the territories named in the notification as from the
thirtieth day after the date of receipt of the notification by the
Secretary-General of the United Nations or on the date on which the
Convention comes into force under Article XI whichever is the later.
2. Any Government which has made a declaration under paragraph 1
of this Article extending the present Convention to any territory for
whose international relations it is responsible may denounce the Convention
separately in respect of that territory in accordance with the provisions
of Article XII.
ARTICLE XIV
The Secretary-General of the United Nations shall notify all signatory
and acceding States of all signatures, ratifications and accessions of the
present Convention and of the date on which the Convention cores into force
and of every notification received by him under Article XII or XIII.
In witness whereof the undersigned plenipotentiaries have signed in
the present Convention
Done at this in English
and French languages, both texts being equally authoritative, in a single
original which shall be deposited in the archives of the United Nations.
The Secretary-General of the United Nations shall transmit certified
copies thereof to all signatory and acceding States. GATT/CP.6/36
Page 17
ANNEX B
To the Report of Working Party 1 on Resolutions
To the Report of Working Party 1 on Resolutions
of the International Chamber of Commerce
DRAFT RECOMMENDATIONS ON DOCUMENTARY REQUIREMENTS
FOR THE IMPORTATION OF GOODS
The large number of documents which traders, forwarding agents and
carriers are required to compile for different authorities constitute an
appreciable obstacle to the smooth flow of goods between countries. Not
only is additional expense and clerical work imposed on the parties to an
international commercial transaction but the misplacement of one of these
documents or an error of compilation may result in severe hardship wholly
out of proportion to the usefulness of the document.
The Contracting Parties have therefore agreed to submit to govern-
ments the following draft code of Standards for study with a view to
further consideration at the Seventh Session of the Contracting Parties.
DRAFT
1. Number of Documents required
facts relating to imported goods which are required for customs or
other governmental purposes should, to the greatest possible extent,
be ascertained from the commercial documents relating to the transaction
in question. In principle the following commercial documents should
suffice to meet governmental requirements:
(i) transport document (bill of lading, consignment note);
(ii) commercial invoices accompanied where necessary by a
packing list.
The specification of these documents does not mean that documents
such as manifests, customs entry or declaration forms or import licences
can be dispensed with. It is also to be understood that in certain
circumstances the production of other documents such as certificates
of origin, consular invoices, freight or insurance papers, sanitary
certificates etc. may be required.
2. Combined Standard Invoice Form
Where governments require consular invoices and/or certificates of
origin in addition to the commercial invoice, they should attempt to
establish a combined form to take the place of these separate documents.
The combined form should invariably be treated as a substitute for, and
not as an addition to, the commercial invoices, consular invoices and
certificates of origin. Governments should keep down to a GATT/CP.6/36
Page 18
strict minimum the number of copies required and, as far as possible, the
necessary forms should be supplied to the trader free of charge or at
a nominal charge.
3. Collection of Statistical Informationlal In.r 4
Where statistical information is required bsy government, it should
as far as possible be taken from the customs and other documents normally
ube.td by the exporter or importer mfor custons urposes. The exporter
should not be required to fill in statistical forms for the government
of the importing country and the importer should not be required to
provide statistical information for the country of export. In other
words the government of the exporting country should get its data from
the exporter and the government of the importing country from the
importer.
if4.Classification of Goods T.f Q ificaligno o
It should not be obligatory for the exporter or shipper to classify
his goods according to the customs tariff of the country of import. Such
classification should be done by the importer, if required, subject of
course to review by customs authorities.
5. Wigtl n mg Bu
While Govesrnmental authorities hould be free to require their import
and export documentes to be made out in trmms of ethe weights and easurs
in for,ce inew thleir territory comrcia documents expressed in terns of
the weights and measures of the country of exportation, or in terms of
any weights or measures used internationally in the trade concerned should
be accepted in suppor.t of import documents Similarly, export invoices
expressed in ters of the weights and measures of the importing country
or in tersm of any weights or na'ures used internationally in the trade
concerned should be accepted in support.of export documents GATT/CP.6/36
Page 19
ANNEX C
To the Report of Working Party 1 on Resolutions
of the International Chamber of Commerce
DRAFT RECOMMENDATIONS ON CONSULAR FORMALITIES
The complexity of consular formalities required by some countries
and the excessive charges accompanying them are among the most serious of
the invisible barriers to international trade. Not only must exporters fill
in and sign a disproportionate number of copies of the documents required,
often in the language of the country of destination, but the fee charged is
in many cases a high percentage of the value of the goods. For minor errors,
moreover, fines are frequently imposed, or the importer is obliged to make
out documents again in their entirety. Shipowners and shippers, as well as
the ultimate consumers, are as much victims of this state of affairs as the
exporters. In this connection it should be noted that a large part of the
world's trade is carried on without consular invoices or visas,
The Contracting Parties have therefore agreed to submit to governments
the following draft recommendations for study with a view to further con-
sideration at the Seventh session of the Contracting Parties.
DRAFT RECOMMENDATIONS
The Contracting Parties urge the abolition of consular invoices and
of consular visas for commercial invoices, certificates of origin, mani-
fests, etc.
Should, however, certain governments find it impossible, for reasons
genuinely connected with their customs regulations, to dispense with these
documents and visas, the Contracting Parties recommend that the following
rules be observed by the consular authorities in the country of exportation:
1. the consular fee should be a small fixed charge not proportionate
to the value of the goods,
2. the consular fee should be payable by the exporter and in the
currency of the exporting country;
3. no additional charges should be imposed for mistakes made in good
faith by the exporter in drawing up the documents, and within
reasonable limits corrections should be permitted
4. no charge or only a nominal charge should be made for supplying
the forms to be filled in;
5. not more than five copies should be required of each document;
6. delays in dealing with documents and charges for overtime should
be reduced to a minimum.
' < S i X |
GATT Library | wz539yr8152 | Report of Working Party 1 on resolutions of the International Chamber of Commerce : Corrigendum | General Agreement on Tariffs and Trade, October 30, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 30/10/1951 | official documents | GATT/CP.6/36/Corr.1 and GATT/CP.6/35-45 | https://exhibits.stanford.edu/gatt/catalog/wz539yr8152 | wz539yr8152_90070380.xml | GATT_140 | 142 | 913 | GENERAL AGREEMENT ON
TARIFFS
AND TRADE TK ADsI
RESTRICTED
LIMITEDI B
GATT/CP. 6/36/Corr. 1
30 October 1951
OAIGflAL: ENGLISH
ING PARTIESI(NG PiRTES
Sixth Session
ORKING T OF RKING PARTY 1
ON
OF THE INTERNATIONAL CHAMBER OF COMMERCE COMMCE
Ihet fo-,ur tjlh eiifrm. te bom, replace "their"1 b y
"the United States" .
In the third line from the bottom replace "they" by
Pazg 9 6eventh I lne
After "weight" inse-.
"linitmtion"
Pao.eg8
The title of .S <tcon III should read:
I"RAkF I'RECOMMENDATION N CONSULAR FORiMMATIES"
1.P
In -the f fth line from the bottor, insmrt, before the word "FnglisE":
.the"
Page 17
In 1LoexAnn secBnd -paraLraph,gsecond line, insert after the word
"gove?. rr.r
'and al"i to theoInternational Chamber of Commerce"
In AnnexPage 19 , second paragraph, first line, insert after the word
" governments":
"and also to the International Chamber of Commerce" |
GATT Library | hm383vt0992 | Report of Working Party 2 on schedules | General Agreement on Tariffs and Trade, October 22, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 22/10/1951 | official documents | GATT/CP.6/40 and GATT/CP.6/35-45 | https://exhibits.stanford.edu/gatt/catalog/hm383vt0992 | hm383vt0992_90070385.xml | GATT_140 | 1,626 | 11,556 | RESTR ICTED
GENERAL AGREEMENT ON LITMITED B
TARIFFS AND TRADE GATT/CP.6/40
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
REPORT OF WORKING PARTY 2 ON SCHEDULES
1. The Working Party was charged by its terms of reference to prepare a
protocol or protocols to give effect to the modifications and rectifications
of the Schedules resulting from:
(a) The results of negotiations under Article XXVIII unfinished at Torquay;
(b) The transposition of the Geneva and Annecy Schedules of the United
Kingdom into Brussels Convention nomenclature;
(c) Rectifications to various schedules; and
(d) Negotiations between Germany and South Africa;
and to prepare a text consolidating the Geneva, Annecy and Torquay Schedules.
2. The Working Party noted that, since the Third session of the Contracting
Parties, no protocol of rectifications or if modifications has come into force
owing to the impossibility of obtaining the signature of all the contracting
parties. Clearly, it was never the intention of Article XXX to place difficul-
ties in the way of making rectifications of an entirely non-substantive
character, nor to prevent agreed modifications of the concessions contained in
the schedules to the General Agreement. Since the drawing up of the First.
Protocol of Modifications, several modifications have in fact been made to the
concessions contained in the schedules, either by decision of the Contracting
Parties or by consultations in accordance with procedures established by the
Contracting Parties and these have actually entered into force. In view of
the fact that the First Protocol of Modifications had not entered into force,
the Contracting Parties were reluctant at the Fourth and Fifth Sessions to
include these further modifications in a formal protocol. Nevertheless, it is
clearly desirable that the text of the schedules should he formally modified
in order to take account of such changes. Accordingly, the protocol, as drafted
recites that, in many cases the modifications of concessions have already
entered into forcein which cases the Protocol provides merely far the intro-
duction of such modification in the text of the schedules.
3. The Working Party considered it undesirable and cumbersome to draw up
separate protocols to cover each type of rectification or modification and has
accordingly prepared a single protocol of rectifications and modifications to the
text of the schedules (GATT/CP6/43), This protocol incorporates the changes-listed
in paragraph 1(a), (b) and (c) and modifications including those to Schedule II,
made effective by the Decision of the Contracting Parties of 15 December 1950,
and to Schedules XX, XXII, and XXVI made effective by consultation with the
contracting parties. GATT/CP. 6/40
Page 2
4. The Working Party recommends that this protocol be opened for signature
at the close of the present session, and that all delegations be urged to sign
the protocol before leaving Geneva in order that its entry into force will not
be delayed.
5. The Working Party understands that it may be necessary to introduce certain
changes in the transposed Geneva and Annecy schedules of the United Kingdom on
account of the results of the work of the Brussels Organisation. The Working
Party noted that any such rectifications would be made in accordance with the
usual procedure for rectifications of schedules.
6. The Working Party recommends that the Contracting Parties authorise the
Executive Secretary to arrange that this Protocol be printed.
7. A corrigendum to the non-authentic texts has also been prepared (GATT/CP/127)
Negotiations-between Germany and South Africa
8. The Working Party recommends that the concessions granted by Germany and
.South Africa, as a result of negotiations between them in August 1951, be in-
corporated into the General Agreement in accordance with the procedures for.ne-
gotiations between contracting parties recommended by the Working Party on
Arrangements for Tariff Negotiations, A draft protocol has accordingly been prepared
(and is annexed to this document)and the Working Party recommends that this
protocol be opened for signature at the close of the present session,
Consolidation of the Schedules
9. The Working Party found that the distribution of several schedules had been
delayed andtherefore extended the date for the submission of comments. It is
essential that delegations prepare English and French texts of their consolida-
ted schedules, in the light of any comments received, and hand them to the Se-
cretariat before the close of the Sixth Session in a form suitable for photo-
offsetting. GATT/CP .6/40
Page 3
ANNEX
First Protocolof Supplementary Concessions to the
General Agreement on Tariffs and Trade
(Union of South Africa & Germany)
The governments which are contracting parties to the General Agreement
on Tariffs and Trade (hereinafter referred to as 'the contracting parties" and
"the General Agreement", respectively), having agreed upon procedures for
putting into effect under the General Agreement the results of tariff nego.-
tiations between two or more contracting parties, and
The governments of Germany and the Union of South Africa which are
contracting parties to the General Agreement (hereinafter referred to as "ne-
gotiating contracting parties"), having carried on tariff negotiations, and
being desirousof so giving effect to the results of these negotiations,
IT IS AGREED:
1. On the thirtieth day following the day upon which this Protocol shall
have been signed by either negotiating contracting party, the schedule relating
to that contracting party annexed hereto shall enter into force and shall be
regarded as a schedule to the General Agreement relating to that contracting
party.
2. Either negotiating contracting party which has signed this Protoool
shall be free at any time to withhold or to withdraw in whole or in part any
concession, provided for in the appropriate schedule annexed to this Protocol
if the other contracting party has not signed this Protocol.
Provided that
(i) the negotiating contracting party withholding or withdrawing in
whole or in part any such concessions shall give notice to all
contracting parties within thirty days after the date of such
withholding or withdrawal and, upon request, shall consult with
any contracting party having a substantial interest in the product
involved; and
(ii) any concession so withheld or withdrawn shall be applied on and
after the thirtieth day following theday upon which the other
negotiating contracting party signs this Protocol.
3. In each case in which Article II of the General Agreement refers to the
date of that Agreement, the applicable date in respect of the Schedules annexed
to this Protocol shall be the date of this Protocol.
4. (a) The original text of this Protocol, together witA the annexes
thereto shall be open for signature by contracting parties at Geneva on Octo-
ber 1951. It shall thereafter be deposited with the Secretary-General of the
United Nations and shall be open for signature at the Headquarters of the
United Nations from Novedmber 7, 1951 to April 27, 1952. GATT/CP.6/40
Page 4
(b) The Secretary-General of the United Nations shall promptly furnish
a certified copy of this Protocol, and a notificatin of each signature to thin
Protocol, to each member of the United Nations, to each government whichparti-
cipated in the United Nations Conferenae on Trade and Employement, and to any
other interested government.
(c) The Secretary-General is authorised to register this Protocol in
accordance with article 102 of the Charter of the United Nations.
5. The date of this Protocol shall be October 27, 1951.
DONE at Geneva in a single copy in the English and French languages,
both texts authentic except as otherwise specified in schedules annexed hereto. GATT/CP.6/40 Page 5
SCHEDULE XVIII - UNION OF SOUTH AFRICA
This Schedule is authentic only
in the English language
PART I
Most-Favoured-Nation Tariff
South African
Tariff Item Description of Products Rate of Duty
Number
122 Iron and steel:
(k) Structural steelwork n. e.e...
...................................ad valorem 20%
138 Railway construction or equipment
requisites:
ex(b) Goods wagons , Free
144 Tanks:
(b) Other, of metal .. ad valorem 17+%
167 Earthenwrare and stoneware, n.e.e.,
including sanitary pans, urinals,
sinks and lavatory basins ............
....................... ad valorem 20%
305 Musical instruments n. e .e................
...........ad valorem 10% GATT/CP.6/40
Pate 6
SCHEDULE XXXIII - FEDERAL REPUBLIC OF GERMANY
This Schedule is authentic only
in the English language
PART I
Most-Favoured-Nation Tariff
German
Tariff Description of Products Rate of Duty
Item No.
0507 Feathers and parts thereof,
whether or not downs;
bird skins and part of bird skins
with feathers:
B - Bird skins and parts of bird skins
with feathers, unworked, or cleaned,
.whether or not preserved for trans-
port only free
C - Feathers and wings for decoration or
other purposes, unworked, or cleaned,
but not bleach d nor dyed free
ex 0802 Citrus fruit, fresh:
A . Oranges:
2 - Other 3.0%
D - Lemons 5%
E - Grapefruit (incl. pomelos) 10%
1207 Plants, parts of plants, seeds and fruits,
not elsewhere specified or included, of
a kind suitable for use in perfumery or for
pharmaceutical or insecticidal purposes,
fresh, dried, crushed or ground.
B - For pharmaceutical or insecticidal
purposes:
ex 5 - Buchu-leaves (Barosma betulina),
dried free
1301 Vegetable materials of a kind suitable
for use in dyeing or in tanning:
ex D - Wattle (Mimosa) bark free
1303 ex B - dried sap of Aloe leaves
(Aloe ferox) for medicinal purposes,
whether or not crystallized, not
packed for retail sale free GATT/CP .6/40
~~~~~~~~~~Page 7
ERMANYLE XXXIII - FEDERAL RE
(concluded)
German
TarifDeso legeription of Products Rate of Duty
Item No
ex 1605 Canned crawfish 30%
2865 Sulphates:
I- Chromium sulphate 15%
2879 Salts of acids of metallic oxides
D - Chromatess
ex 2 - Sodium Bichromate 15%
3201 Tanning extracts of vegetable origin:
A Wattle (Mimosa) bark extract 8%
4301 Raw furskins:
ex C - Karakul skins free
5101 Sheep's wool:
A Greasy or fleece washed before
clipping free
5102 Animal hair, not elsewhere specified
or included, whether or not washed,
bleached , dyed or curled:
ex A - Angora hair (Mohair) free |
GATT Library | nj819dj4250 | Report of Working party 3 on the continuing Administration of the Agreement | General Agreement on Tariffs and Trade, October 22, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 22/10/1951 | official documents | GATT/CP.6/41 and GATT/CP.6/35-45 | https://exhibits.stanford.edu/gatt/catalog/nj819dj4250 | nj819dj4250_90070386.xml | GATT_140 | 1,576 | 10,533 | RESTRICTED
GENERAL AGREEMENT ON LIMITED B GATT/CP.6/41
TARIFFS AND TRADE 22 October 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
REPORT OF WORKING PARTY 3
ON THE CONTINUING ADMINISTRATION OF THE AGREEMENT
The Working Party had the following terms of reference:
"To consider problems connected with the administration
of the General Agreement in the light of the discussions
in plenary sessions of the Contracting Parties on Item 6
of the Agenda and to submit appropriate re commendations
for consideration by the Contracting Parties."
It was evident from the discussions both in the Contracting Parties and
the Working Party that there was not a sufficient measure of agreement on the
establishment of a Standing Committee to justify proceeding with that suggestion
at the present time. There was, however, general agreement that in order
effectively to administer the Agreement, provision should be made to deal with
cases requiring urgent action between session. There was also general
agreement that the work of the regular sessions could be facilitated and
shortened if more extensive preparation of items on the agenda were undertaken
in advance of the sessions. In these circumstances, the Working Party submits
the following recommendations for consideration by the Contracting Parties.
A. Ad hoc Commit te e for Agenal and Intersessiona .Business
1 . As an experimental arrangement to operate between theS ixth and
Seventh Sessios,n teh Contracting Parties should establish an ad hoc
committee for Agenda and Intersessional Business. The Committee
should be presided over by the Chaimran of the Contracting Parties.
If the Chairman wore not available to preside at any meeting, the
Committee would elect a chairman for that meeting.
2. uFctnionso fthe ommCtitee
The functions of the Committee should be as follows:
(a) Pepraationr Agenda of the eventh Sessiond St: Sfs A
The Comidtee should meet four to six weeks before the opening
of the Sevnth Session to consider what matters are likely to arise
at that session and examine the adequacy of the documentation
available It shoeeuld also mo at, or shortly before, the opening
of the Seventh Session, to consider the provisional amgenda and ake
recommendations to the Contracting parti les, in theight of the
documentation submitted, as to the order o.f business GATT/CP.6/41
Page 2
(b) Urgent Intersessional Business buslaes
Them Cotteo sould reetas necessary to consider urgent
tters, arising between the Sixth and Seventh nSessions ani tt.
foreseen by the Contractinge Parties at th Sixth Session, which
(i) a contracting party (or parties) raising the
atter requests be so dealt with, or
(ii)m require, pria facie, to be dealt with in
accordancee with intersssional procedures.
3.
In respect mofaettrs not provided for in paragraphs 4 and 5
below, and which in the opinion of the mmCoittee required inter-
sessional action, the mmCoite te should establish a working party
consisting of meso or all of itsem embrs, together with the
countries directly concerned, any countries which claim a substantial
interest in thme atter and wish to be represented on the Working
Party, and any other countries which the Cmomieetmt ight consider
it necessary to invite and whiche wre willing toe sr.ve The
Working Party shouleda xmein all the relevant facts and views and
ubmit a report thereon to the Seventh Session of the Contracting
Parties. If, hoewevr a matter were of sufifiecnt urgency, the
Cmmoitete or the Working Partym ight request the convening of a
Special Session, in accordance with the Ruels of Procedure, to
consider its report.
4. In respect of anym atter relating to thea pplicatoni of
Articles XII to XV of the Areemeent, which in the view of the
Cmmoitete required inetrsessional action, theCmmoittee wouldma ke
appropriate arrangmeents for consideration of them atter in accor-
dance with the intersessiona l procdeures adopted at the Third Session
of the Contracting Partie,s (GTTA/CP.3/50/Rev. 1, and GTAT/C.P3/60/
Re.v 1). The Working Party, however, felt that it would be desirable
that these procedures be reviewed and if necessary brought up to
date. The Working Party felt that it would be appropriate to
request the Chairrman of the Contracting Parties to entrust this
task to Working Party 6 on aBlanc- eof-Pamyents Restrictions.
5. Matters relating to Article XVIII of the Agremeent should
continue to be referred direct to the Interesssional Working Party
appointed at the Third Session (GATT/CP.3/60/Rev. 1 and S.R40).
In view of subsequent charges in the composition of the Contracting
Parties the Working Party considered that the cmoposition of the GATT/CP.6/41
Page 3
Intersessional Working Party might be revised as follows:-
Chairman: Mr. C. L. Hewitt (A'ustralia)
Australia Netherlands
Canada Pakistan
Cuba Peru
Denmark Turkey
France United Kingdom
India United States
If any one or more of the countries nominated find it impossible to
participate in any meeting of the Working Party, the Chairman of the
Contracting Parties should be authorized to nominate another country
or countries to take its or their Place. In so doing he should
bear in mind the need of preserving the representative character
of the Working Party.
6. Meetings of the Committee
The Committee should meet in Geneva on the call of the
Executive Secretary. Contracting parties, not members of the
Committee or of an intersessional working party would, in accordance
with the practice of the Contracting Parties, be entitled to be
represented by observers at meetings of the Committee or of a
working party.
7. General
The above suggestions relace only to urgent matters arising
between sessions and which have not been specifically provided for
at the time when the Contracting Parties are in session. If, in
the course of the Session, however, it comes to the notice of the
Contracting Parties that a matter will arise between sessions
requiring action before the next regular session, the Contracting
Parties will undoubtedly take action to provide the necessary
arrangements for dealing with the matter.
B. The Secretariat
The Working Party considered that it was difficult to consider more
permanent arrangements for the Secretariat until such time as the
Contracting Parties are in a position to accept permanent arrangements
for the continuing administration of the General Agreerment. It therefore
recommends that the Contracting Parties decide that the usual functions
of a secretariat continue to be carried out, pending further consideration
at a later session, by the Executive Secretary of the Interim Commission
for the International Trade Organisation. Such functions would include
examining proposals submitted for the agenda of the Contracting Parties,
consulting contracting parties concerned and submitting reports to the
Contracting Parties. The Working Party further recommends that con-
tracting parties should make appropriate arrangements to facilitate the GATT/CP.6/41
Page 4
task of the Secretariat. Governments which are at a considerable distance
from the headquarters of the Secretariat night consider the desirability
of designating a representative, stationed near the headquarters of the
Secretariat, who would, subject to instructions by his government, be able
to discuss with the Secretariat points arising in the preparation of such
reports. If this procedure were not convenient or appropriate in parti-
cular cases, the governments concerned right inform the Secretariat of
such other arrangements as they may be able to make to ensure close
liaison, exchange of information and speedy communication between themselves
and the Secretariat.
As regards the personnel of the Secretariat, the Working Party
recommends that the Budget for 1952 should be (rawn up with sufficient
flexibility to enable the Executive Secretary, should he doem it necessary,
to appoint an additional high level official to assist him in the discharge
of his responsibilities.
C. Cooperation with the United Nation and avoidance of duplcation of
work
The Working Party received tmhe proposal ade by the delegation of the
United States (GAATT/1CP.6/13/dd. ) regarding cooperation with the United
Nations and avoidance of duplication of work. The Working Party considered
that it would be desirable to explore further, between the Sixth and
Seventh Sessions, the question whether there owames a need fr re clearly
defined arrangements between the Contracting Parties amnd the Econoic and
Social Council to facilitate communication between the two bodies and to
avoid unnecessary duplication of work in the field of international trade
policy. The Working Party therefore recommends that the Contracting
Parties instruct the Exeecutive Secrtary to consult with the Secretary-
General of the United Nations on this subject and report to the Seventh
Seion,
d qDo ;&Lts of the_et Secrtaria
In view of the interim nature of etommehe rcnndatios under Sections
A and B of this Report, the Working Party did not feel that it would be
useful to consider the question of a permanent headquarters for the
Secretariat. It accordingly confined its consideration of this question
to the years 1952 and 1953. e Itm rcomends that the Secretariat be
instructed to make armrangeents for this period in Geneva.
The Wor Paking rty waosme infrd thate tmhger iht be difficulties in
aoeccomdating the Secretariat in the Palais des Nations during this period
and that it might therefore be necessary for the Secretariat to arrange for
office space elsewhere than in the P.alais If this should prove to be
necessary, it would involve a certain capital expenditure for office
furniture and other equipment. The Working Party was informed by the
Executive Secretary that he considered that it would be possible to meet
these costs without any increnase i the total contributions which have
been recommended for. 1952 The Working Partymm recoends that the
Excutive Secretary be authorize d to)incur such expendituresm as rc be
necessary for this purpose within thme liits of the appropriations
authorized for the budget year 1952. |
GATT Library | hx070gg9680 | Report of Working Party 3 on the continuing Administration of the Agreement : Corrigendum | General Agreement on Tariffs and Trade, October 26, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 26/10/1951 | official documents | GATT/CP.6/41/Corr.1 and GATT/CP.6/35-45 | https://exhibits.stanford.edu/gatt/catalog/hx070gg9680 | hx070gg9680_90070387.xml | GATT_140 | 235 | 1,628 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP.6/41/Corr.1
26 October 1951
BILINGUAL
CONTRACTING PARTIES
Sixth Session
REPORT OF WORKING PARTY 3
ON THE CONTINUING ADMINISTRATION OF THE AGREEMENT
Corrigendum
The following change to the Report was agreed at the twenty-second meeting
of the Contracting Parties:
Page 4
The last sentence of the first paragraph should read as follows:
"If this procedure were not convenient or appropriate in particular cases,
the governments concerned might inform the Secretariat of such other
arrangements as they may be able to make to ensure close liaison. In all
cases the exchange of information and speedy communication between
contracting parties and the Secretariat should be assured."
PARTIES CONTRACTANTES
Sixième Session RAPPORT DU GROUPE DE TRAVAIL
DE L'APPLIATION DE L'ACCORD GENERAL (No 3 )
~igendumrri~n
Au cours de leur vingt-èdeuxT?ime sance, les Parties Contractantes ont
adopted la modification suivante du texte de ce r:apport
Page 3
Laè dernire phrase du èquatrime paragraph (B. Le Secretariat) doit se
lire ainsi:
"Si cette procedTure n'tait pTas juge opportune ou apTproprie dans cer-
tains cas particuliers, les gouvernemenTts iTntresss pourraient infor-
mer le Secretariat de toutes autres dispositions qu'ils seraient en me-
sure de prendre pour rester en liTaison troite avec lui. En tout cas,
les changes de renseignements et les communications entsre leeparties
contractantes et leT Secrtariat devraêient tre assures d'uneè manire
rapide." |
GATT Library | sr177zf0536 | Report of Working Party 4 on arrangements for tariff negotiations | General Agreement on Tariffs and Trade, October 19, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 19/10/1951 | official documents | GATT/CP.6/34 and GATT/CP.6/29-34 | https://exhibits.stanford.edu/gatt/catalog/sr177zf0536 | sr177zf0536_90070375.xml | GATT_140 | 5,884 | 37,430 | GENERAL AGREEMENT ON RESTRICTED
TARIFFS AND TRADE GATT/CP. 6/34
19 October 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
REPORT OF WORKING PARTY 4 ON ARRANGEMENTS FOR TARIFF NEGOTIATIONS
PART I
Taking as its point of departure the rnemorandum submitted to the Contrac-
ting Parties by the United States Delegation (GATT/CP.6/2), the working party
elaborated detailed procedures for tariff negotiations at times other than
during general tariff conferences, using as a working document a note prepared
by the Executive Secretary (GATT/CP.6/N/5). The procedures thus drawn up and
now submitted for adoption by the Contracting Parties are set out in Part II
of this Report. The remainder of Part I contains explanatory notes on the
procedures and on the model protocols annexed to the procedures.
GENERAL
The Working Party has based the proposed rules for negotiation on the
procedures and practices followed at the Geneva, Annecy and Torquay Tariff
Conferences. Wherever possible, however, the procedures have been simplified
with a view to facilitating negotiations while at the same time maintaining
the multilateral background which is the distinguishing feature of tariff
negotiations undertaken within the General Agreements
The procedures are set out in two parts, one dealing with negotiations
with a government or governments not party to the General Agreement but wishing
to accede thereto and the other with negotiations between two or more contracting
parties wishing to enter into negotation with each other with a view to the
incorporation of the results of the negotiations into the General Agreement.
Notes relating to the Procedures for Negotiations with a Government wishing
to accede to the general Agreement
Rule 1. The forking Party considered it desirable that contracting parties
should be expected to indicate within the shortest period practicable whether
they had any objection to the proposed negotiations for accession and secondly
whether they would wish to participate in such negotiations. On the other hand
it was recognized that in some cases important decisions of policy might be
involved which it would be unreasonable to expect to be made in a very short
period. Accordingly the Working Party has suggested in the rule that normally
contracting parties should give their replies within 30 days, but that an
extension of the time limit to 60 days could be allowed at the request of any
contracting party. GATT/CP.6/34
Page 2
The words "under these procedures" (1(a)) require some explanation. It
was pointed out in the course of the discussion that the procedures suggested
might, in general, be satisfactory in the case of the proposed accession of
counts list of relatively minor importance in international trade, might be
neither practicable nor appropriate in the case of the proposed accession of a
country of major importance in international trade. While, therefore, an
individual contracting party might not object to a would-be acceding country
carrying out negotiations with a view to accession, it might consider that,
because of the large volume of trade which would be the subject of negotiation,
the only appropriate way of conducting the negotiations would be at a general
tariff conferance,
Rule 2. In the absence of these procedures a request by a government to
enter into negotiations with a view to accession to the General Agreement would
beconsidered and acted upon at a Session of the Contracting Parties. This
discussion would afford any contracting party which had objections to such a
request an opportunity to explain its views and to seek a decision of the
Contracting Parties in the light of these explanations and the ensuing
discussion in the Contracting Parties. The Working Party felt, however, that
it would be undesirable to conclude that a request received when the Contracting
Parties were not in session would have to be held over until the next regular
Session which might be many months distant. On the other hand, if a contracting
party raised an objection it was, as pointed out above, a prima facie right
of the contracting party to have its objection considered by the Contracting
Parties. The rule suggested by the Working Party is a compromise solution
to this problem. If three contracting parties raised such objections the
question would be referred to the next regular Session. As a safeguard against
unnecessary and unreasonable delays consequent upon such objections it is, as
pointed out in Rule 2, open to any of the contracting parties wishing to
undertake negotiations with the would-be acceding government to submit a
request under the ordinary Rules of Procedure for the convening of a special
session of the Contracting Parties. The Working Party recognized that the
choice of the number of contracting parties whose support was necessary to
secure the referring of an inter-sessional request for accession to a Session
of the Contracting Parties was arbitrary. They felt, however, that similar
objections could be raised to any other figure that night be chosen and that
it was perhaps reasonable to adopt the figure decided upon in that if any
matter is raised before the Contractfng Parties and its discussion is moved
by one other contracting party and seconded by a third, it would normally be
accepted for discussion by the Contracting Parties. To this extent therefore
the figure of three contracting parties would appear to be a reasonable
suggestion.
Notes relating to Procedures for Negotiations between two or more Contrac
Parties
General
It was agreed in the course of discussion of these rules to record in the
Report of the Working Party its understanding that there is nothing in the
General Agreement which prevents individual contracting parties from negotiating
with each other outside the scope of the Agreement. The rules proposed are
not meant to apply to such cases but only to cases where contracting. GATT/CP.6/34
Page 3
parties wish to enter into negotiations with a view to the incorporation of
the results of such negotiations into the General Agreement. Since the
Agreement is a multilateral agreement these procedures take cognisance of the
possible interest of other contracting parties in negotiations undertaken
between only two contracting parties and also provide rules for more compli-
cated cases which may sometimes in practice arise.
The Working Party recognized that normally negotiations under this heading
will prove less complicated than those arising in connection with the accession
of a government which is not a contracting party. In view of the successive
rounds of large-scale negotiations which have taken place since 1947 the Working
Party considered that further negotiations between contracting parties in the
near future might be expected to be of a limited character and unlikely there-
fore to lead to extensive participation by other contracting parties.
Rule 2. There was some discussion in the Working Party as to whether request
lists should be sent to all contracting parties or only to those who, in
response to a preliminary enquiry, have expressed an interest in receiving
them. It was agreed that it would be more in accord with the procedures and
practices hitherto followed to send request lists to all contracting parties.
Moreover, in some cases these lists would be essential to enable other con-
tracting parties to decide whether they wished to negotiate with one or more
of the parties originally proposing the negotiations, as contemplated in Rule 3.
Rules 3 and 4 It will be seen from these rules that the Working Party felt
that there should be considerable flexibility in the arrangements for the
negotiations, these being largely a matter for the governments concerned to
arrange in consultation between themselves, subject to the Secretariat being
kept informed of the arrangements agreed upon.
Notes relating to both sets of Procedures
Rules and Principles
Certain representatives pointed out that their delegations could not
accept Rule 5 if such acceptance were taken to imply that the rules and
principlaes laid down in GATT/TN.2/16, Section III, were satisfactory in their
present form. The Working Party agreed that the acceptance by any contracting
party of Rule 5 would not carry this implication and it was agreed to word
Rule 5 in such a way as to make it subject to such modifications as might be
decided by the Contracting Parties later on.
Tariff Negotiations Committee
In both cases it is suggested that the governments participating in the
negotiations could set up a tariff negotiations committee to assist in the
management of the negotiations. As regards negotiations between contracting
parties, however, this was only envisaged in the exceptional case where a
substantial number of contracting parties were involved in the negotiations, GATT/CP. 6/34
Page 4
Secretariat Services
The Working Party considered that in any negotiations under these
procedures the governments concerned should be entitled to look to the Secre-
tariat for appropriate assistance. It was not considered necessary to refer
to this point in the rules since the Working Party regarded it as being within
the general functions of the Secretariat to assist in the carrying out of
procedures adopted by the Contracting Parties.
Giving Effect to the Results of Negotiations
A. Negotiations with an acceding overnment
It is contemplated in the rules (Rule 6) that normally the draft decision
relating to the accession of the government concerned and the draft protocol
embodying the terms of accession, with the schedules of tariff concessions
annexed, would be submitted to the next Session of the Contracting Parties
for approval. It was considered, however, desirable to provide for more
rapid action where a considerable period would elapse between the conolusion
of the negotiations and the next Session of the Contracting Parties. The
Working Party has therefore drawn up a model Protocol and Decision under
Article XXXIII based upon the Annecy and Torquay Protocols and Decisions
which, at the request of the participating governments, would be circulated
to the contracting parties by the Secretariat. Upon the receipt of a favourable
vote on the decision by two-thirds of the Contracting Parties, the Protocol
would be opened for signature.
B. Negotiations between contracting parties
Some members of the Working Party felt that, before the results were
incorporated into the General Agreement, they should be communicated to all
contracting parties who should be given a certain period in which to signify
objections in the event that they considered that their interests were
adversely affected. The majority of the Working Party felt, however, that
since the negotiations could only relate to the reduction or binding of tariff
levels the question of objections could not arise since the benefits of all
such concessions would by virtue of Article I of the Agreement normally be
extended to all contracting parties. In the event of any incidental or un-
intended impairment of an advantage which a contracting party then enjoyed
under the Agreement, appropriate procedures for consultation regarding the
matter are contained in the Agreement, with the ultimate possibility of a
resort to paragraph 2 of Article XXIII.
The Working Party considered the problem of incorporation of the results
of such negotiations into the General Agreement. Some members felt that,
provided that the teams of the protocol embodying the concessions and providing
for their incorporation into the General Agreement were approved by the
Contracting Parties, such incorporation would be effective upon signature of
the Protocol by the negotiating governments alone. Others felt, however, that
since additions to the Schedules to the General Agreement were involved, the
Contracting Parties as a whole should be party to the Protocol and GATT/CP.6/34
Page 5
that the Protocol should, therefore, be open for signature by all contracting
parties. The model Protocol annexed to the Rules accordingly, whilst providing
that the signatures of the negotiating governments shall be sufficient to bring
the schedules of tariff concessions into effect, is also open for signature
by other contracting parties.
As regards paragraph 2(i), which is modelled on paragraph 4 of the Annecy
and Torquay Protocols, some members of the Working Party felt that the obli-
gation to consult, in the event of a concession being withheld under this
paragraph, should be confined to other contracting parties which participated
in the negotiations. Otherwise they considered that this provision might be
construed as affording to other contracting parties, who took no part in the
negotiations and therefore made no counter-concession in reliance on the
concession withheld, a right to claim compensation. The Working Party
considered that it was desirable to retain the provision whereby all contracting
parties would be informed of such a withholding and that it was clear that the
right to consultation could not reasonably be construed to have the effect
suggested. On this understanding it was agreed to retain the wording
employed in previous protocols.
It was pointed out in the course of the discussion that the terms on
which the concessions in schedules annexed to a protocol on the lines of the
model would enter into effect were in some respects different from those
under Article II of the General Agreement. For example, in paragraph 3(a)
of the model protocol it had been provided that, whenever Article II of the
General Agreement referred to the date of the Agreement, the date to be
applied to the schedules annexed to a protocol based on the model should be
the date of that protocols It was therefore suggested that., as the concessions
could by the terms of the protocol be brought into effect upon the signature
of only two or a few of contracting parties, it would be desirable for the
Contracting Parties at this Session, in formally adopting these procedures,
to take action under Article XXV:5 (a) to waive the relevant obligations of
the contracting parties concerned to the extent that the obligations under
the model protocol might in any respect be less onerous than those under
Article II. Other members of the Working Party felt that this point was not
of substantial importance; identical provisions had been included in the Annecy
and Torquay Protocols and, since the Protocols drawn up to embody the results
of negotiations under the new procedures were to be open for signature by
all contracting parties and would, therefore, presumably be signed by most
if not all of the contracting parties there seemed no reason to adopt a
procedure in the case of these Protocols which had not been thought necessary
in the case of the Torquay Protocols. The Working Party felt that insofar as
these questions with respect to Article II did raise a problem in connection
with the model Protocols, it would in fact be solved if the procedures recom-
mended by the Working Party were adopted by a sufficient majority to satisfy
the voting requirements of Article XXV:5 (a).Then, adoption of these
procedures would have the effect of authorizing contracting parties to proceed
in accordance with the terms of the model protocol, and accordingly of waiving
obligations under article II to the extent that they might be more onerous
than those under a protocol based on the model. GATT/CP .6/34
PART II
A. Negotiations with a goverment not party to
the General Agreement
1. The Secretariat on receiving a communication from a Government not
party to the General Agreement which wishes to enter into negotiations
with contracting parties with a view to acceding to the Agreement would
notify the contracting parties by cable, together with an indication of
the contracting parties with which the requesting Government intends to
enter into such negotiations. On receipt of such a communication each
contracting party would be expected to advise within 30 days, or within
60 days should any contracting party so request., whether
(a) it had any objections to that Government entering into
negotiations under these procedures with a view to accession,
(b) in the event of negotiations taking place, it would wish to
participate
If three or more contracting parties advise that they object under
paragraph 1(a), the request would be referred to the next session of the
Contracting Parties. However, in a case of urgent necessity a special
session of the Contracting Parties could be called, in accordance with the
Rules of Procedure, at the request of any contracting party which had
advised its desire to enter into negotiations with that Government.
3. Unless objections were so raised by three or more contracting parties,
the secretariat would consult with the participating governments (i.e. the
requesting Government and the participating contracting parties) to
determine:
(a) the site for the negotiations;
(b) the date on which the lists of requests should be exchanged;
(c) the date of entering into negotiations. GATT/CP .6/34
Page 7
As far as possible in advance of the date it is proposed to enter into nego-
tiations, participating governments should submit 50 copies of their request
lists to the Secretariat for circulation to other contracting parties.
4. The participating governments could set up a Tariff Negotiationss Committee
to render assistance on questions of procedure and other matters connected with
the conduct of the negotiations.
5 The negotiations would be conducted in accordance with the rules and
principles laid down .in G,ATT/TN2/16 Section III, subject to such modifications
in these rules and principles as may hereafter be made by the Contracting Parties.
6 A draft protocol of accession, with the schedules of tariff concessions
annexed, and a draft decision under Article XXXIII relating to the accession
of the Government not party to the General Agreement would be submitted to the
next session of the Contracting Parties for approval. However, in the event
that a substantial period would elapse between the conclusion of the negotiations
and the next session, and on the request of the participating governments, the
Secretariat would circulate a protocol and a decision containing the provisions
of the model protocol and decision contained in Annex A to these procedures
Provided favourable votese ion the edrecsioen ar ceivd from two-thirds of the
contracting parties the protocol would be opened for signature.
B Negotiations between two or more
oagcpirn aties
3. Contranctig parties wishing to enter into negotiations with a view to
the incorporation of the results of such negotiations into the eGenral
Agreement on Tariffs and Trade would notify the Secretariat which would
pass on the information to all other contracting parties by cable.
2. As far as possible in advance of the date it is proposed to enter into
negotiations, the parties originally proposing these negotiations would
advise the Secretariat of their intentions as to the date and place of
the proposed negotiations and submit 50 copies of request lists. This
information as well as the request lists would be circulated by the
Secretariat to other contracting parties.
3. A contracting party which considered that it had a substantial interest
in the negotiations and therefore wished to negotiate with one or more of
the parties which originally proposed negotiations, should within 30 days
from the day of the circulation of the lists propose such negotiations to
the government or governments concerned ,and at thae srne time, notify the
Secretariat. The participating governments may invite other contracting
parties which they consider to have a substantial interest in the
negotiations to participate therein.
4 If supplementary negotiations earoto take place the contracting parties,
through the Secretariat, shoulde bnotifieand d supplied with request lists,
Such supplementary negotiations should ewhre practicable take place at the
same time and place as the negotiations originally proposed; however, if
such an arrangement is not convenient,ther o arrangements could be made by
agreement between the governments concerned. The Secretariat should be
kept informed of such alternative arrangemen.ts GATT/CP.6/34
Page 8
5. The negotiations would be conducted in accordance with the relovant
rules and principles laid down in GATT/TN.2/16, Section IlI,subject
to such modifications in these rules and principles as may hereåfter
be made by the Contracting Parties.
6. In the exceptional case where a number of contracting parties were
involved in negotiations at a single centre, the participating
governments could set up a Tariff Negotiations Committee to render
assistance on questions of procedure and other matters connected
with the conduct of the negotiations.
7. The results of the negotiations would be put into effect as agreed
by the participating governments, and in accordance with the
provisions of the model protocol contained in Annex B to these
procedures which also provides for the incorporation of the results
into the General Agreement. Upon the entry into force of a
schedule annexed to the Protocol, in accordance with the provisions
of the Protocol concerned, that schedule shall be regarded by the
Contracting Parties as a schedule to the General Agreement relating
to the negotiating contracting party in question. The participating
governments would promptly communicate such results* to the
Secretariat, which would circulate them to all contracting parties.
Should it be considered, in any case, that use of the model protocol
would be inappropriate, the incorporation of the results of the
negotiations into the General Agreement would be taken up at the
following session of the Contracting Parties.
*In order to place on record with which of the participating contracting
parties the concessions in question were initially negotiated, the par-
ticipating governments will also furnish to the Secretariat the final
list of offers exchanged GATT/CP.6/34
Page 9
ANNEX A
Model Protocol of Accession for Use in Negotiations Under Section A of Tariff Negotiations Procedures
Protocol of Terms of Accession of [the name of the acceding country] to the
General Agreement on Tariffs and Trade.
The Governments which are contracting parties to the General Agreement on
Tariffs and Trade (hereinafter called "present contracting parties" and
"General Agreement"), acting pursuant to the decision under Article XXXIII of
the General Agreement agreeing to the accession of [the name of the acceding
country], and the Government of [the name of the acceding country].
HAVING REGARD to the results of the negotiations directed toward the
accession of [the name of the acceding country] to the General Agreement,
HAVE through their representatives agreed as follows:
1. (a) The Government of [the name of the acceding country], upon the entry
into force of this Protocol with respect to it pursuant to paragraph 10
following the taking of the decision under Article XXXIII as to its accession,
shall apply provisionally and subject to the provisions of this Protocol
(i) Parts I and III of the General Agreement, and
(ii) Part II of the General Agreement to the fullest extent not incon-
sistent with its legislation existing on the date of this Protocol.
(b) The obligations incorporated in paragraph 1 of Article I of the General
Agreement by reference to Article III thereof and those incorporated in para-
graph 2(b) of Article II by reference to Article VI shall be considered as
falling within Part II of the General Agreement for the purpose of this
paragraph.
(c) For the purposes of tne General Agreement, the schedule contained in
Annex B upon its entry into force pursuant to paragraph 10 shall be regarded
as a schedule to the General Agreement relating to [the name of the acceding
country].
2. Upon the entry into force of this Protocol with respect to [the name of
the acceding country], pursuant to paragraph 10 hereof, [the name of the
acceding country] shall become a contracting party as defined in Article XXXII
of the General Agreement.
3. (a) On the thirtieth day following the day upon which this Protocol shall
have been signed by a present contracting party, the schedule relating to that
contracting party contained in Annex A shall enter into force. GATT/CP. 6/34
Page 10
(b) When a schedule has entered into force pursuant to subparagraph (a)
such schedule shall be reported as a schedule to the General Agreement relating
to the contracting party in question.
4. Any government which has signed this Protocol shall be free at any time
to withhold or to withdraw in whole or in part any concession, provided for in
the appropriate schedule annexed to this Protocol, in respect of which such
government determines that it was initially negotiated with a government which
has not signed this Protocol, Provided that
(i) the government withholding or withdrawing in whole or in part any
such concession shall give notice to all contracting parties and
[the name of the acceding country] within thirty days after the
date of such withholding or withdrawal and, upon request, shall
consult with any contracting party having a substantial interest in
the product involved; and
(ii) any concession so withheld or withdrawn shall be applied on and
after the thirtieth day following the day upon which the government
with which it was initially negotated signs this Protocol.
5. (a) In each case in which Article II of the General Agreement refers to the
date of that Agreement, the applicable date in respect of the schedules annexed
to this Protocol shall be the date of this Protocol.
(b) In each case in which paragraph 6 of Article V, subparagraph 4(d) of
Article VII, and subparagraph 3(c) of Article X of the General Agreement, refer
to the date of that Agreement, the applicable date in respect of [the name of
the acceding country]shall be March 24, 1948.
(c) In the case of references in paragraph 11 of Article XVIII of the
General Agreement to September 1, 1947, and October 10, 1947, the applicable
dates in respect to [the name of the acceding county] shalI be [a date after
the opening of the negotiations and before the second date to be supplied in
this paragraph] , and [a date not less than twenty days before the date of the
Protocol], respectively.
(d) In the case of the date in paragraph 1 of Article XXVIII of the General
Agreement, the applicable date in respect of the schedules annexed to this
Protocol shall be January 1, 1954.* [This subparagraph may be deleted if on
the date of the Protocol the amendment to paragraph 1 of Article XXVIII contained
in paragraph 6 of the Torquay Protocol has entered into force for all contract-
ing parties participating in the negotiations .]
*
Should all the participating governments agree to use a date later than
January 1, 1954, they would be free to do so. GATT/CP.6/34
Page 11
6. (a) The provisions of the General Agreement to be applied by [the name of
the acceding country] shall be those contained in the text annexed to the Final
Act of the Second Session of the Preparatory Committee of the United Nations
Conference on Trade and Employment as rectified, amended, supplemented, or
Otherwise modified by such instrument as may have become effective by the day
on which this Protocol is signed by [the name of the acceding country].
(b) Signature of this Protocol by [the name of the acceding country] shall
constitute an acceptance of the rectifications, amendments, supplementations,
or other modifications of the General Agreement provided for in any instruments
which have been drawn up by the CONTRACTING PARTIES and opened for acceptance
but which have now become effective at the time that this Protocol is signed
by [the name of the acceding country] , such acceptance to take effect when
[the name of the acceding country] becomes a contracting party.
7. ['The name of the acceding countrY], following signature of this Protocol,
shall be free to withdraw its provisional application of the General Agreement
and such withdrawal shall take effect on the sixtieth day following the day
on which written notice of such withdrawal is received by the Secretary-General
of the United Nations.
8. (a) [The name of the acceding country], after having signed this Protocol
and not having given notice of withdrawal under paragraph 7, may, on or after
the day on which the General Agreement enters into force pursuant to Article
XXVI thereof, accede thereto upon the applicable terms of this Protocol by
deposit of an instrument of accession with the Secretary-General of the United
Nations. Such accession shall take effect on the day on which the General
Agreement enters into force pursuant to Article XXVI, or on the thirtieth day
following the day of the deposit of the instrument of accession, whichever
shall be the later.
(b) Accession to the General Agreement pursuant to subparagraph (a) shall,
for the purpose of paragraph 2 of Article XXXII of that Agreement, be regarded
as acceptance of the Agreement pursuant to paragraph 3 of Article XXVI thereof.
9. (a) If by [the sixtieth day following the date of this Protocol] favorable
votes have been received, from two-thirds of the governments which are then
contracting parties to the decision for the accessionof [the name of the
acceding country], the original text of this Protocol, together with the
annexes thereto, shall be deposited with the Secretary-General of the United
Nations. It shall be open for signature at the Headquarters of the United
Nations from [the seventy-fifth day following the date of the Protocol] to
[six months following the date of the Protocol] by present contracting parties
and [the name of the acceding county].
(b) The Secretary-General of the United Nations shall promptly furnish a
certified copy of this Protocol, and a notification of each signature to this
Protocol, of each deposit of an instrument of accession under paragraph 8(a),
and of each notice under paragraph 7, to each member of the United Nations,
to each government which participated in the United Nations Conference on Trade
and Employment and to any other interested government GTT/CP.6/34
Page 12
(c) The Secretary-General is authorized to register this Protocol in
accordance with Article 102 of the Charter of the United Nations.
10. This Protocol, including the schedule relating to [the.name of the
acceding country] contained in Annex B, shall enter into force for [the name
of the acceding eountrY] on the thirtieth day following the day upon which it
shall have been signed by [the name of the acceding country].
11. The date of this Protocol shall be [the date of the close of the
negotiations or as shortly thereafter as the Protocol can be prepared].
DONE at [the site of the negotiations], in a single copy in the English
and French languages, both texts authentic except as otherwise specified in
schedules annexed hereto.
Annex A
SCHEDULES OF CONTRACTING PARTIES
[A separate schedule for each participating contracting party]
Annex B
SCHEDULE OF[the name of the acceding country]
[The separate schedule of the acceding country]
DECISION AGREEING TO THE ACCESS OF
[the name of the acceding country]
Decision by the Contracting Parties agreeing to the accession of [the name of
the acceding country] to the General Agreement on Tariffs and Trade.
THE CONTRACTING PARTIES,
HAVING REGARD to the results of the negotiations directed toward the
accession of [the name of the acceding country] to the General Agreement on
Tariffs and Trade,
DECIDE in accordance with Article XXXIII of the General Agreement.
1. The CONTRACTING PARTIES agree to the accession of the Government of
[the name of the acceding country] to the General Agreement on the terms which
are provided for in the relevant Protocol of Terms of Accession of [the name
of the acceding country] to the General Agreement. GATT/CP.6/34
Page 13
2. Votes by contracting parties on this Decision must be received by the
Chairman of the CONTRACTING PARTIES at Geneva by [two months following the
date of the Protocol].
3. This Decision shall constitute a decision of the CONTRACTING PARTIES
taken on [two months following the date of the Protocol], provided that by
that date favorable votes thereon shall have been received from two-thirds
of the governments which are at that time contracting parties. GATT/CP . 6/34
Page 14 ANNEX B
Model Protocol for Use in Negotiations
under Section B of Tariff Negotiations Procedure
The governments which are contracting parties to the General Agreement on
Tariff and Trade (hereinafter referred to as "the contracting parties" and
"the General Agreement" respectively); having agreed upon procedures for the
conduct of tariff negotiations by two or more contracting parties under the
General Agreement and for putting into effect under the Agreement the results
of such negotiations,
The governments of A and B which are contracting parties to the General
Agreement (hereinafter referred to as "negotiating contracting parties") having
carried out tariff negotiations under these procedures and being desirous of so
giving effect to the results of these negotiations,
IT IS AGREED:
1. On the thirtieth day following the day upon which this Protocol shall have
been signed by a negotiating contracting party, the schedule relating to that
contracting party annexed hereto shall enter into force and shall be regarded
as a schedule to the General Agreement relating to that contracting party.
2. Any negotiating contracting party which has signed this Protocol shall be
free at any time to withhold or to withdraw in whole or in part any concession,
provided for in the appropriate schedule annexed to this Protocol, in respect
of which such contracting party determines that it was initially negotiated
with a negotiating contracting party which has not signed this Protocol,
Provided that
(i) the negotiating contracting party withholding or withdrawing in
whole or in part any such concessions shall give notice to all
contracting parties within thirty days after the date of such
withholding or withdrawal and, upon request, shall consult with
any contracting party having a substantial interest in the product
involved; and
(ii) any concession so withheld or withdrawn shall be applied on and
after the thirtieth day following the day upon which the contracting
party with which it was initially negotiated signs this Protocol.
[If both or all schedules enter into force on the same day paragraph 2
may be deleted.]
3. (a) In each case in which Article II of the General Agreement refers to
the date of that Agreement, the applicable data in respect of the schedules
annexed to this Protocol shall be the date of this Protocol.
(b) In the case of the date in paragraph 1 of Article XXVIII of the
General Agreement, the applicable date in respect of the schedules annexed GATT/CP . 6/34
Page 15
to this Protocol shall be January 1, 1954.* [This subparagraph may be
deleted if on the date of the Protocol the amendment to paragraph 1 of
Article XXVIII contained in paragraph 6 of the Torquay Protocol has entered
into force for all negotiating contracting parties .]
4. (a) The original text of this Protocol, together with the annexes
thereto, shall be deposited with the Secretary-General of the United Nations.
It shall be open for signature by contracting parties at the close of the
negotiations and thereafter at the Headquarters of the United Nations until
six months following the date of the Protocol.
(b) The Secretary-General of the United Nations shall promptly furnish
a certified copy of this Protocol, and a notification of each signature to
this Protocol, to each member of the United Nations, to each government
which participated in the United Nations Conference on Trade and Employment,
and to any other interested government.
(c) The Secretary-General is authorized to register this Protocol in
accordance with Article 102 of the Charter of the United Nations.
5. The date of this Protocol shall be the date of the close of the
negotiations, or as shortly thereafter as the Protocol can be prepared.
DONE at [the site of the negotiations] in a single copy in the
English and French languages, both texts authentic except as otherwise
specified in schedules annexed hereto.
SCHEDULES OF CONTRACTING PARTIES
[A separate schedule for each negotiating contracting party]
* Should all negotiating contracting parties agree to use a date later
than January 1, 1954. They would be free to do so. |
GATT Library | tc104py6001 | Report of Working Party 4 on arrangements for tariff negotiations | General Agreement on Tariffs and Trade, October 19, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 19/10/1951 | official documents | GATT/CP.6/34 and GATT/CP.6/29-34 | https://exhibits.stanford.edu/gatt/catalog/tc104py6001 | tc104py6001_90070375.xml | GATT_140 | 0 | 0 | |
GATT Library | sj923qj3603 | Report of Working Party 4 on arrangements for tariff negotiations : Corrigenda. English text | General Agreement on Tariffs and Trade, October 23, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 23/10/1951 | official documents | GATT/CP.6/34/Corr.1 and GATT/CP.6/29-34 | https://exhibits.stanford.edu/gatt/catalog/sj923qj3603 | sj923qj3603_90070376.xml | GATT_140 | 125 | 886 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
RESTRICTED
LIMITED B
GATT/CP.6/34/Corr.1
23 October 1951
ORIGINAL:ENGLISH
CONTRACTING PARTIES
Sixth Session
REPORT OF WORKING PARTY 4 ON ARRANGEMENTS FOR TARIFF NEGOTIATIONS
Corrigenda
English text
Page 2
Paragraph 1, line 3
Before "might, in general," insert ", while they".
Page 8 Rule 7.
Delete the sentence, "The participating governments would promptly ....
all contracting parties." and insert at the beginning of the paragraph the
following new sentence: "The participating governments would promptly
communicate the results* of the negotiations to the Secretariat which
would circulate them to all contracting parties."
Page 10 Annex A: Paragraph 3(b). Line 2.
For "reported" substitute "regarded".
Page 11
Annex A: Paragraph 6(a), Line 5.
For "instrument" read instruments".
~~~~~~~~~~~~i '! 4 6l[B
~ ~~1 |
GATT Library | gm089mr8507 | Report of Working Party 4 on arrangements for tariff negotiations : Corrigendum | General Agreement on Tariffs and Trade, November 5, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 05/11/1951 | official documents | GATT/CP.6/34/Corr.3 and GATT/CP.6/29-34 | https://exhibits.stanford.edu/gatt/catalog/gm089mr8507 | gm089mr8507_90070377.xml | GATT_140 | 146 | 1,015 | GENERAL AGREEMENT
ACCORD GENERAL SUR
ON TARIFFS AND
TRADE
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP.6/34/Corr.3*
5 November 1951
BILINGUAL___
TRACCQING PARTISE
ixth:Session
REPORT OF WORKING PARTY 4 ON ARRANGEMENTS FOR TARIFF NEGOTIATIONSfGt~S1'3 SPE2lLtN
NG_ MET.S "OP. T.ARIF NEGO__.. ATIONS
t,^lldum
Pet II - A Prq 6_
Lihe last l.i'e; "contracting parties"2 insert"s required by
aticle XXIII of the General Agreement"o
Par I
In the first line delete "As far as possible" and insert "At least thirty
days"l
PART S CONTRACTANTES
Si43e Sssion
RAPPORT DU GR OUF DE ATRAVEI IESDISPOSITIONSCONCERNNT LES NEGOCIATIONS
RIFAES (N°o )
,ggeduim
phe 2~~pr ,r ~e 6
A 1Fvant dernier Fligne, apres"parties contractantes", ajounteer: "seloii:-
prescri'ptiocns de lartile XXXIII deT Tl'Accord gnral".
Partiparae ap1. B., aghe 2
AF la prem,ire ligne remplacer "g tAussi lonemps que possible" par "Trente
Jurs a.u moins"
* iCorr. 2 s in French only. |
GATT Library | mn367gn1092 | Report of Working Party 5 on budgetary matters | General Agreement on Tariffs and Trade, October 25, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 25/10/1951 | official documents | GATT/CP.6/55 and GATT/CP.6/46-56 | https://exhibits.stanford.edu/gatt/catalog/mn367gn1092 | mn367gn1092_90070406.xml | GATT_140 | 2,374 | 16,373 | GENERAL AGREEMENT ON LIMITED C
GATT/CP.6/55 RESTRICTED
TARIFFS AND TRADE 25 October 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
REPORT OF WORKING PARTY 5 ON BUDGETARY MATTERS
1. In accordance with its terms of reference, the Working Party has considered
the Financial Report of the Executive Secretary (GATT/CP.6/15) and the proposals
for the budget of 1952 submitted by the Executive Secretary (GATT/CP.6/10 and
Add.1) and submits the following recommendations to the Contracting Parties:
I. Financial Report
2. The Working Party noted with satisfaction that, with the exception of
Section 8 Printing, the expenditure for 1951 will be within the appropriations
approved by the Contracting Parties. The Working Party examined the programme
of publications for the remainder of the financial year; it was satisfied that,
in view of the rise in price of paper, a slight increase of the appropriation
under Section 8 was justified. It recommends, therefore, that the Executive
Secretary be authorized to transfer to Section 8 an amount not exceeding $1,500
from unobligated balances in other sections of Part II of the Budget.
3. The Working Party wishes to place on record the action taken by many
contracting parties to remit their contributions in the early part of the year
and expresses the hope that the representatives of all contracting parties
will make the necessary arrangements with their financial authorities to ensure
prompt payment of the 1952 contributions.
4. As regards the arrears of contribution of China, Lebanon and Syria, the
Working Party recommends that the Contracting Parties record that the contri-
butions of those governments are due and payable on the basis of the assessments
approved by then at earlier sessions and instruct the Executive Secretary to
take such action as he considers necessary to secure the prompt payment of those
arrears.
5. ,As regards the payment of the contributions of Uruguay to the expenses of
the Annocy and Torquay Conferences, the Working Party took note of the action
taken by the Executive Secretory. It recommends that the Executive Secretary
should inform the Uruguayan Government that the Contracting Parties have
considered this question at their Sixth Session and have expressed the hope
that prompt action would be taken to liquidate the arrears.
6. The Working Party considered the question raised boy the Governmeont of the
Federal Republic of Germany in connection with its contribution to the expenses GATT/CP.6/55
Page 2
of the Torquay Conference. It came to the conclusion that the special
circumstances of the case justified a review of the assessment and recommends
that the Contracting Parties decide that the payment of $5,000 made by the
Government of the Federal Republic of Germany be regarded as a full discharge
of the obligation of that government to contribute to the exponses of the
Torquay Conference, on the understanding that that government would waivo any
claim on the 1950 surplus if the Contracting Parties decided at a later session
to distribute the unobligated part of that surplus to the governments having
contributed to the financing of the 1950 budget.
7. The Working Party wishes to place on record its appreciation of the
valuable assistance rendered by the United Nations Inspection Service in the
conduct of the auditing of the General Agreement accounts in previous years.
It greatly approciated the willingness of that Sorvice to undertake the auditing
of the General Agreement accounts for 1951 and recommends that the Executive
Secretary be instructed to seek an agreement with the competent authorities of
the United Nations to continue the same arrangements for the financial year
1952.
II. Estimates of Expenditure for 1952
8. The Working Party considered the estimates of expenditure in 1952 submitted
by the Executive Secretary in GATT/CT.6/10 and GATT/CP.6/10/Add.1. It came to
the conclusion that these estimates were justified and recommends therefore to
the Contractinrg Parties the adoption of the estimates contained in Annex A.
The total expenditure budgeted for amounts to $397,493 as compared with
$403,281 in 1951.
9. The Working Party considered the budgetary implications of the proposal
put forward by Working Party 3 on the Continuing Administration of the Agreement
regarding the appointment of a third high-ranking official to the Secrctariat.
It noted that the manning table for 1952, contained in the budget proposals.
recommended to the Contracting Parties, would enable the Execiutive Secretary
to appoint a third high-ranking official, graded Dl, as head of the Trade
Intelligence Unit. If the Contracting Parties decide that it would be
appropriate, in view of the recommendation of Working Party 3, to authorize
the appointment (with the concurrence of the Agenda and Inter-Sessional Business
Committee, should it prove desirable to make the appointment between sessions)
of an official of D2 rather than Dl grading, the additional expenditure would
be so small that the working Party did not feel it necessary to modify the
appropriations on established posts for 1952. It considers therefore that
the estimates of expenditure for 1952 as submitted to the Contracting Parties
have the necessary flexibility to enable the Executive Secretary to give effect
to the proposal of Working Party 3 on the Continuing Administration of the
Agreement. The Czechoslovak representative stated that the appointment of an
official of D2 grading did not appear necessary and that he could not agree with
the proposal to regrade the post of Chief of the Trade Intelligence Unit.
10. The Working Party recommends that the Contracting Parties authorize the
Executive Secretary to repay to ICITO the expenses of their Second Session,
in accordance with the decision taken in September 1948 and to include the
necessary appropriation in their budget estimates for 1952.
11. In accordance with the practice followed in the preceding years, the
Working Party recommends that a provision for unforeseen expenditure on items GATT/CP.6/55
Page 3
included in the Budget amounting to 10% of Parts I and II of the
appropriations be included in the budget for 1952, on the understanding
that the Executive Secretary will report at the Seventh Session on the
status of budgetary expenditure including all commitments entered into
to meet unforeseen expenses.
III. Income Budget for 1952
12. The Working Party recommends that the budget for 1952 be financed by
a carry forward of $82,193 from the cash balances on hand at December 31,
1951, miscellaneous income estimated at $3,000 and contributions for
contracting parties,
13. If that proposal is approved, the total contributions for 1952
would be approximately the same as those for 1951 ($312,300 as compared
with $319,781). The individual assessments contained in Annex C to the
Draft Resolution on ways and means have been computed on the basis of the
present membership of the Contracting Parties and on the assumption that
Koea, the Philippines and Uruguay will become contracting parties in 1952.
14. The Working Party recommends that the contributions for 1952 should
be remitted as early as possible and, in any case, not later than April 30,
1952.
IV. 1951 Surplus
15. The Working Party agreed with the suggestions made by the Executive
Secretary on this point and has included in the Draft Resolution on ways
and means provisions similar to those approved by the Contracting Parties
at their Fifth Session regarding the surplus of the 1951 budget. It is
therefore recommended that:
(a) the surplus of the financial year 1951, up to an amount of
$82,193 be appropriated to'cover 1952 expenditure, and that
(b) any balance from the 1951 cash surplus at 31 December 1951 in
excess of $82,193 payments received on account of contributions
for 1951 outstanding on 31 December 1951 and other rcceivables
be transferred to the reserve set up on 27 November 1950.
In accordance with the arrangements approved at the Fifth Session, that
reserve could be used to finance expenditure authorized in the 1952 budget.
pending receipt of contributions as well as extraordinary expenditure which
may be approved by the Contracting Parties but which are not specifically
provided for in the budget estimates for 1952.
16. The Working Party is of the opinion that, if the above recommendations
are approved by the Contracting Parties, it would not be necessary to
consider at this session the question of the establishment of a Working
Capital Fund.
V. Conclusions
17. The Working Party submits to the Contracting Parties for consideration
and approval a draft resolution on the expenditure of the Contracting Parties
in 1952 and ways and means to meet such expenditure. Page 4
DRAFT RESOLUTION ON THE EXPENDITURE OF THE CONTCTING PARTIES
IN 1952 AND THE WAYS AND MEANS TO MEET SUCH EXPENDITURE
The CONTRACTING PARTIES
HAVING considered the estimates of expenditure of the Contracting Parties
during 1952, as set forth in the Schedules annexed to this Resolution,
RESOLVE that:
1. The Executive Sucretary is authorized to repay promptly ICITO
a) for services rendered during the year 1952, provided that such
repayment does not exceed a total of U.S. $379,483, and
b) for services rendered in connection with the Second Session of
the Contracting Parties amounting to $18,010.
2. The repayments referred to in paragraph 1 shall be financed as follows:
a) by contributions from contracting parties for an amount of
U,S, $312,300;
b) by drawing on the cash balances available on December.31, 1951 up
to an amount of US. $82,193; and
e) by miscellaneous'income estimated at U.S. $3,000,
3, Any balance from the cash surplus as at December 31, 1951 in excess
of U.S, $82,193 and payments of outstanding contributions for
1949, 1950 and 1951 which may be received in 1952, shall be left
at the disposal of the Executive Secretary for use as approved by the
Contracting Parties, provided that such approval shall not be
necessary to finance approved expenditure in 1952 pending
receipt of contributions.
4. The Executive Secretary shall report to the Contracting Parties at the
Seventh Session on the status of budgetary expenditures including all
commitments entered into to meet unforeseen and extraordinary expenses.
5. The contributions of the contracting parties in 1952 shall be assessed
in accordance with the scale of contributions set forth in Annex C
to this Resolution. Contributions from present contracting parties
are considered as due and payable in full as from January 1, 1952.
In the case of an acceding government the contribution is considered
as due and payable in full as from January 1, 1952 or the date on
which this government becomes a contracting party, whichever is the later. GATT/CP.6/55
Page 5
ANNEX A
ESTIMATES OF EXPENDITURE FOR THE FINANCIAL YEAR 1952
Amount in U.S. Dollars
MEETINGS
Seventh Session of the Contracting Parties
Intersessional meetings
Total Part I
Part II:
Secretariat
Salaries and Wages
Common Staff Costs
Common Services
Printing
Hospitality
Permanent Equipment
Total Part II
Total Parts I & II
Part III:
Special Expenses
Repayment to ICITO of expenses of the
Second Session
Part IV:
Unforeseen
Part I:
Section
1
2
25,000
15,000
1
2
3
4
5
40,000
43,500
36,000
12,000
1,000
25,000
1
304,983
344,983
34, 500
Grand Total $ 397,493
18,010 Page 6
ANNEX B.
ESTIMATES OF EXPENDITURE OF THE FINANCIAL
Year 1952
Detailed Schedules
Amount in U.S. Dollars
PART I: Section 1. 7th Session of the Contracting Parties
(i) Temporary Assistance (and overtime)
(ii) Travel and subsistence of staff
(iii) Rental of meeting-rooms and
additional office space
(iv) Documents reproduction and
distribution
(v) Translation
(vi) Communications, Office Supplies
and other services
5.500
500
3.100
5.000
8.500
$25.000
PART I: Section 2. Intersessional Meatings
(a) MEETING OF THE AGENDA AND
INIERSESSIONAL BUSINESS COMMITTEE
(i)
(ii)
(iii)
(iv)
(v)
Temporary Assistance
Rental of Meeting Room
Documents Reproduction
and Distribution
Translation
Other Common Services
1.200
1.000
1.800
500
$5.000
(b) OTHER INTERSESSIONAL MEETINGS
PART II: Section 1. Salaries and Wages
(i) Established Posts
(ii) Temporary Assistance
(iii) Travel on Official Business
167.483
5.000
$ 187.483
or: GATT/CP.6/55
CP.6/5S
Page 7
lm~~nt~~~Aaourg in U.S. Dollars
Part y:
Section 2.
Cornon staff Cogts
(i) Travem and RenevaesExponsov of
Staef-and Dopendants
(mi) TerrinamentsPayrints
(iiY Contributions to Seaff Benofit Fund
(iv) R6patriation Grants
(v) Travml on Hone Leave
(vi) C'iildrents allowance and Education
Grant 4nd Related Travel
(vi) OthereSeaff Bcnofits
Section
Section 3.
Conrc
(i) Cable, Telegraph,sWiremmunica-unica-
*jons and Long-Distatice Telephone
(ii) Freight, Cartage and Express
(excluding air freight)
(iii) eir Frcight
(iv) Books and Information Material
(v)Rentalai, e& m.tiance of premisesuip- & eq'
Pt( a-teral Sroices nt
(vii) Stationery and Office Supplies
(viiRip) eroduction and Distribution of
meDocunts
(iTx) ranslation
(x4 Otiher Services and cellanMisJous
Expenditure
tnt1
Part II- Se ction4.nting Pri
(i) TNerade ws Bulletin
(ii) m Panplets and Other Publications
tion n. 5
zcion 5:
4,000
2,000
i,doo
'1s00
- 10t5
2,500
1,800
7,200
4,500
36,000
2,006
12,000
Hos 'it
SectPermanent ermnm Equipnent
(i) Fur(diture cdesrks, ha.is, etc )
(lil) Fiinets, Shelves, etc.1vas-y
(ype r T1rpwiiters and Othem Equipnent
sciv) lfiellaneous Expenditure
10,00O
3,500
6,000
25,Q00
25p ..
Part III: Section 1.
esel al ExpenSeg
Repayre~nttoenses O of Expnses -of the
Second Se~±on
... ..... .~~~~~~~~
12,t00
1,000
16,OO
2,000
4,500
3,000
,5000
43pt50
II:
Part
Part SCALE OF CONTRIBUTIONS FOR 1952 2U2
OTAL TRADEvTEGORY STdlE CF TOTING PARTIS No of UNITERTOTAL CONTRIBUTAION TOT iL
IN THE CATEGORY COUNTRIE)S COUNTRY 1 NUMBER PER COUNTRY CONTRIBUTIONS
OF UNITS ~~~~~~~~~~~~~~OF UNITS
__ _ UNIT ______________
A 2O% or more United Kingdom, 2 20 40 $ 53,3850 1 , 06f 77
United states
B 10% or more) but Nil| Nil 10 Nil !26,692,50 Ni{
less tian 20%
~~~~~~ ____ ______ I _.__ --__ I_
. ~ ~ ~~~~~~ ~ ~ ~ ~ ~ ~ ~~~~I I .. I I- 4
C E 2or Tre, but
less tian 10% ~e l 7 $i6~.'
D or rore. buit 5$k362 I134.5
less than 7% Caaa
E 2% or more but Australia, Belgium1
less than 5% Brazil, German Fe-
deral Republic, 9 4 36 $ 10,677.- $ 96,093.-
India, Italy, Ne-
therlands, Sweden,
Union of South
.rica
1 . LAr more, but Cuba Czechoslova-
less than 2% kia,, Denmark, New 5 2 10 5,338.50 $ 26,692;50
Zealand, Norway
G Austria, Burma, Cey .
on, Chile, Donii-
can Republic, Fin-
less tha land, Greece;, Hiti119$2695
Indonesia, Korea, 19 2,669.25 0v7155
Liberia, Luxemburg,
Nicaragua, Pakistan
Peru, Philippines,
Southern Rhodesia,
___,____ Tre Uuuy _ :_|
i , . _ _ . _. _. .~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I
Tota.
______ ___ 3 _ __ __ It $. 312 0 .
~~~~~~~~~~~~- : -,:.
A
(1) Unit - $ 2.669.25 |
GATT Library | jg666gg4355 | Report on import restrictions applied under article XII : Corrigendum. Revision of chapter 1. Introduction | Contracting Parties, October 18, 1951 | Contracting Parties | 18/10/1951 | official documents | GATT/CP.6/12/Rev.1/Corr.1 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/jg666gg4355 | jg666gg4355_90070333.xml | GATT_140 | 202 | 1,432 | RESTRICTED
SPECIAL DISTRIBUTION
GATT/CP .6/12/Rev.1/Corr .1
18 October 1951
ORIGINAL: ENGLISH
Sixth Session
REPORT ON IMPORT RESTRICTIONS APPLIED
UNDER ARTICLE XII
Corrigendum
REVISION OF CHAPTER 1, INTRODUCTION
This paragraph should be replaced by the following:
"Twenty of the contracting parties have stated that they are resorting
to the provisions of Article XII and are employing quantitative import restrictions
to redress their balance of payments; these are: Australia, Brazil, Ceyloo,
Chile, Czechoslovakiap Denmark, Finland, France, Greece, India, Indonesia, Italy,
Netherlands, New Zealand, Norway, Pakistan, Southern Rhodesia, Sweden, Union of
South Africa, and the United Kingdom. The Governments of Austria, Germany and
Turkey became contracting parties during October 1951 and have stated that they are
also applying restrictions for balance-of-payment reasons; the Government of
the Philippines, which does not expect to accede to the Agreement until early in
1952, has made a similar statement. Eight contracting parties, namely Belgium,
Canada, Cuba, Dominican Republic, Haiti, Luxemburg, Peru and the United States,
have stated that they are not taking action under these provisions.1"
The following to replace the footnote on page 4:
"1 The Governments of Burma, Liberia and Nicaragua have not informed the Contracting
Parties of their position in relation to action under Article XII." |
GATT Library | vm941mh5187 | Report on import restrictions applied under article XII : Draft report recomended by Working Party 6. Corrigendum. (This replaces GATT/CP.6/12/Rev.2.Add.1) | General Agreement on Tariffs and Trade, October 24, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 24/10/1951 | official documents | GATT/CP.6/12/Rev.2/Corr.1 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/vm941mh5187 | vm941mh5187_90070337.xml | GATT_140 | 164 | 1,226 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED C
GATT/CP.6/12/Rev.2/Corr .1
24 October 1951
ORIGINAL: ENGLISH _
NCROTACTING PARTIES
Sixth Session
REPORT ON IMPORT RESTRICTIONS
APPLIED UNDER ARTICLE XII
Draft Report Recomended by Working Party 6
Corrigendum
(This replaces GATT/CP.6/12/Rev.2.A.1dd)
Page 18:
The second sentence of paragraph 42 to be replaced by the following:
"Further, they have extended the liberalization to imports from the
dependent territories of other members; and mMse have reported that they
have extended it, in whole or in part, to certain nomen-mber countries, as
follows:
Countries, territories and currency areas
(other than the territories of OEEC members)
to which the liberalization has been
extended
Denma -rk
Netherlan -ds
Norw -ay
Swed -en
United Kingdom
Sterling Area and Indonesia
Indonesia
Sterling Area, Finland, Indonesia, Israel
and Spain (including Dependenecis)
Sterling Area, Finland and Indonesia
Sterling Area, Afghanistan, Andorra,
Anglo-Egyptian Sudan, Bhutan, Brazil,
Chile, China, Egypt, Ethiopia, Finland,
Fomosa, Indonesia, Israel, Lebanon,
Paraguay, Peru, Saudi Arabia, Spain and
Dependencies, Syria and Thailand". |
GATT Library | fg069jd9759 | Report on import restrictions applied under article XII : Draft report recommended by Working Party 6 | General Agreement on Tariffs and Trade, October 22, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 22/10/1951 | official documents | GATT/CP.6/12/Rev.2 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/fg069jd9759 | fg069jd9759_90070335.xml | GATT_140 | 0 | 0 | |
GATT Library | wc701xr8857 | Report on import restrictions applied under article XII : Draft report recommended by Working Party 6 | General Agreement on Tariffs and Trade, October 22, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 22/10/1951 | official documents | GATT/CP.6/12/Rev.2 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/wc701xr8857 | wc701xr8857_90070335.xml | GATT_140 | 9,191 | 61,278 | RESTRICTED
GENERAL AGREEMENT ON LIMITED
GATT/CP.6/12/Rev.2
TARIFFS AND TRADE 22 October 1951
CONTRACTING PARTIES
Sixth Session
REPORT ON IMPORT RESTRICTIONS APPLIED UNDER
ARTICLE XII
Draft Report recommended by Working Party 6
1, INTRODUCTION
1. Most of the quantitative restrictions 1 applied by governments today are
a legacy of two world wars and of the economic crises they have brought in
their train. The strict control of trade exercised by most countries during
the war of 1914-18 was relaxed soon after the conclusion of hostilities.
Most of the quantitative restrictions which were not then eliminated had
disappeared by the end of the 1920's following the reestablishment of the gold
standard and the large-scale international lending which created at least a
semblance of equilibrium in international economic relations. No doubt the
few remaining instances would also have been abolished had the period of
prosperity been prolonged.
2. A change came with the onset of economic depression in 1930. Among the
trade restrictive measures used in the early 30's were increased tariff rates,
bilateral trade agreements, preferential arrangements and quantitative import
restrictions. By the time the halting recovery from the depth of the depression
began in 1933, the attitude to restrictions was fundamentally different from
that of earlier years when such measures were generally regarded as temporary
expedients. The "planning" of foreign trade came to be more and more widely
accepted as a normal function of government, and the weapons which had been
forged for an emergency defence of balances of payments, currencies, prices or
production were pressed into service as permanent elements of trade regulation.
Bilateral balancing of trade was accepted by many countries as a natural
1 The terms "quantitative restrictions" and "import restrictions" used in this Report
are meant to include only those quantitative restrictions on imports as defined in
Article XII which provides that a contracting party, in order to safeguard its
external financial position and balance of payments, may restrict the quantity or
value of merchandise permitted to be imported. Page 2
pbjective of commercial policy. Restrictions were considered essential to the
programmes of national economic development and the advancement of self-
sufficiency, especially in the totalitarian countries. Thus the use of
restrictions in the inter-war period was widely extended as a supplementary
means of protecting national agriculture and industry and even as a weapon of
economic warfare. Nevertheless some progress had been made in relaxing these
restrictions where, with the outbreak of a second world war, they gave way to a
more complete control of trade.
3. After the war ended, in 1945, many of the restrictions in force were
adapted to meet the exigencies of the post-war situation. Most of the belligerent
countries were badly in need of consumer and capital goods which could be
obtained only from countries whose productive capacity had been less directly
affected by the war. But the low post-war level of monetary reserves and the
reduced earnings of foreign exchange, combined with the, general inconvertibility
of currencies, had deprived them of the means of payment, and therefore they
maintained a strict control of importation to ensure that their limited
resources would be devoted to the needs commanding high priority. The import
controls and restrictions were to be retained until export industries and other
sources of foreign exchange could once more finance both essential and non-
essential purchases as well as other current obligations.
4. When the General Agreement on Tariffs and Trade was drawn up in 1947,
most of the governments which are now contracting parties were employing import
restrictions for these purposes. Nevertheless they accepted the general rule
that imports from the territories of contracting parties should not be
prohibited and should not be controlled by means of restrictions other than
duties, taxes and other charges. This undertaking, which is contained in
Article XI of the Agreement, relates to all quantitative controls whether made
effective through quotas, licenses or other measures, and precludes the use
of restrictions for many of the purposes for which they had been imposed in the
decade before the war. Under the General Agreement protection is not to be
accorded to domestic industry by means of the quantitative restriction of
imports. GATT/CP.6/12/Rev.2
Page 3
5. The Agreement provides exceptions for the use of restrictions in certain
circumstances and under defined conditions. With the approval of the
CONTRACTING PARTIES restrictions may be imposed temporarily to promote
economic development or reconstruction, but the most important of the
exceptions is that contained in Article XII which allows a contracting party
to restrict imports, either by quantity or by value, in order to safeguard
its external financial position and balance of payments. Imports may be
restricted to the extent necessary to forestall an imminent threat of, or to
stop, a serious decline in monetary reserves or to increase reserves which have
fallen to a very low level. It was expected when these provisions were inserted
in the Agreement that within a few years the world economy would recover from
the post-war financial disequilibrium sufficiently to allow the restoration
of currency convertibility and the removal of most balance-of-payment
restrictions. Hence it was stipulated that the CONTRACTING PARTIES should
review in 1951 the restrictions still being applied under Article XII. It
is this review of the restrictions applied by contracting parties for balance-
of-payment reasons that gives rise to the present Report.
6. This Report, however, serves a dual purpose in that it includes the
second annual report by the CONTRACTING PARTIES on the discriminatory appli-
cation of restrictions. The basic rule, forbidding discrimination in trade
control, is contained in Article XIII; this requires contracting parties in
their administration of restrictions to aim at a distribution of trade which
approaches as closely as possible the shares which the various contracting
parties could expect to obtain if imports were not restricted. An exception
to this rule permits a contracting party, if it applies import restrictions
under Article XII, to discriminate during the post-war transition period
between sources of supply in accordance with the exigencies of its balance-
of-payment situation. Under Article XIV the CONTRACTING PARTIES are required
to report each year on the discriminatory application of these restrictions:
the first report was published in 1950, 1 and the relevant sections herein
constitute the second report.
1 'First Report on the Discriminatory Application of Import Restrictions,
1950, (Sales No. GATT/1950-1) obtainable from sales agents of the
United Nations. GATT/CP.6/12/Rev.2
Page 4
7. The Agreement requires contracting parties which apply restrictions
under Articlc XII to relax them progressively as conditions improve, main-
taining them only to the extent that the position of their balance of payments
and the level of their monetary reserves still justify their application, and
to eliminate them altogether when conditions no longer justify their
maintenance. Further, commencing in 1952, the CONTRACTIING PARTIES are called
upon to engage in annual consultations with governments which still discrimin-
ate in the application of their restrictions. Hence, sections of this Report
are devoted to the problems which contracting parties will encounter when they
come to remove their restrictions and to the poospects for for their early
relaxation in the light of world conditions today.
8. Twenty of the contracting parties have stated that they are resorting
to the provisions of Article XII and are employing quantitative import res-
trictions to redress their balance of payments; those are: Australia, Brazil,
Ceylon, Chile, Czechoslovakia, Denmark, Finland, France, Greece, India, Indo-
nesia, Italy, Netherlands, New Zealand, Norway, Pakistan, Southern Rhodesia,
Sweden, Union of South Africa, and the United Kingdom. The Governments of
Austria, Germany and Turkey become contracting parties during October 1951
and have stated that they are also applying restrictions for balance-of-
payment reasons; the Government of the Philippines, which does not expect to
accede to the Agreement until early in 1952, has made a similar statement.
Nine contracting parties, namely Belgium, Canada, Cuba, Dominican Republic,
Haiti, Luxemburg, Nicaragua, Peru and the United States, have stated that they
are not taking action under these provisions. 1
9. The subject matter of this Report closely affects the economic policies of
many governments and therefore, in concluding these introductory remarks, a
word of caution is needed. The provisions of the General Agreement are highly
Complex and technical, and in order not to burden the reader with lengthy,
legal phraseology the rights and obligations of contracting parties are des-
cribed in this Report in simple, non-technical terms. Therefore the reader
should bear in mind that before judging the action of any government it would
be necessary to refer to the text of the Agreement itself. For convenience of
reference the articles which are particularly relevant to this review are
reproduced in an annex; but even these must be read in the context of the
Agreement as a whole.
1 The Governments of Burma and Liberia have not informed the Contracting
Parties of their position in relation to action under Article XII. GATT/CP. 6/12/Rev.2
Page 5
2. METHODS OF RESTRICTION
(i) The Limitation of Imports
10. The common form of the restriction on imports is the prohibition-except-
under-licence promulgated by the government as a regulation governing the
conduct of private trade. Quantitative restrictions are imposed by laws
and decrees, and an administration is established to examine applications
for permission to import.
11. Article XIII provides a guide for contracting parties in administering
their restrictions. If possible the total amount of each product to be
admitted in a future period (the global quota) is to be announced in
advance. A global quota may be open for imports from any source or it may
be divided among supplying countries; if divided the allocation is to be
made if possible by agreement with all the contracting parties having a
substantial interest in supplying the product concerned. Alternatively,
the global quota may be divided among countries of supply in proportion to
the quantities imported during a previous representative period, adjust-
ments being made for special factors with may have affected the volume or
direction of trade. It appears, however, that there is no instance in which
multilateral agreement has been sought for the division of a quota among
supplying countries, and the representative-period method also is seldom
used. Owing to the prevailing practice of discrimination under Article XIV,
the procedures for the allocation of quotas are adapted to the overriding
consideration of the availability of the currency in which payment will
have to be made. If quotas are fixed at all, they are fixed either in
relation to earnings of foreign currencies or bilaterally in negotiations with
countries of supply. But often the restriction is effected administratively GATT/CP.6/12/Rev.2
Page 6
through the treatment of individual applications for licences.
12. The curtailment of expenditure on imports for the purpose of safeguarding
the balance of payments may be applied also to trade conducted by, or on
behalf of, the state, and therefore the General Agreement stipulates that
the term "import restrictions", as used in Articles XI to XIV, includes
"restrictions made effective through state-trading operations". The only
contracting party which exercises a full governmental control of imports is
Czechoslovakia, where importation is a function of monopoly, state-owned,
trading companies. A programme of importation is approved for each company
as part of the total import plan. The fulfilment of import programmes of
the companies is subject to control of the Ministry of Foreign Trade which
ensures that the trading activities of the companies conform to the Economic
Five-Year Plan and the commitments to other governments. The Czechoslovak
Government states that the balance of current payments, excluding trade, is
passive, and therefore an effort is made to obtain a surplus on trading
activities. The programmes of the importing companies are trimmed so as to
require a smaller expenditure in foreign exchange than is earned by
exportation.
13. The reduction of expenditure on imports by other contracting parties
may be achieved in part by instructions to government departments, state
monopolies and to purchasing commissions disposing of public funds to
restrain their buying programmes. For most contracting parties the propor-
tion of trade conducted by monopoly agencies or privileged enterprises is
small and has tended to decline since 1948 as the trade in various commodities
is returned to private hands. Nevertheless, in the trade of the United Kingdom
it amounted in 1950 to 41%, and in the trade of France to nearly a quarter, GATT/CP.6/12/Rev .2
Page 7
of total imports. For those contracting parties which have an extensive trade
of this character the instructions to the buying agencies constitute an
important element in the restrictive policy. Virtually every government
today conducts some trade on its own account. Finland, France, Germany,
Greece, Netherlands, Norway, Sweden, Turkey and the United Kingdom have
reported that restrictions for balance-of-payment reasons are applied in
varying degrees to state purchases.
(ii) The Practice of Discriminationiination
l4t The discriminatory application of restrictions maintained under
Article XII was examined bO the C0NTRACTING PARTIES at their Fourth Session
in March 1950, and a report, as noted above, was approved and published.
Articl1 XIV: l(g) of the Agreement requires an annual report by the CONTRACTING
PARTIES so long as governments continue to devimte fror the rule of non-
discriminatAon of article XIII. This they may do so long as they are availing
themselves of the post-war transitional period arrangements under Article XIV
of the Articles of Agreement of the International Monetary Fund or of analogous
provisions of special exchange agreements between the governments concerned
and the CONTRACTING PARTIES. Twenty-two of the governments which are taking
action under Article XII of the Generel Agreoment are availing themselves of
the arrangements in the Articles ofeAgreemont of the Fund, while Indonesia has
availed itself of the analogous provisions of its special exchange ag.eement,
Burman Gerrvmy and New Zealand soefar arc not members of the Fund, nor have they yet
accepted special exchange agr.ements
15 0 Contracting parties applying import restrictions to safeguard their
balance of payments are permitted under Article XIV to follow one or other
of two sets of rules which limit the manner and extent of their deviations
from the rule of non-discrimination. The first, called "the Havana option", GATT/CP.6/12/Rev. 2
Page 8
permits a contracting party -
under paragraph 1(b) of Article XIV to maintain discriminatory
trade restrictions having an effect equivalent to exchange restric-
tions which it may at the time apply under the transitional period
arrangements of the Articles of Agreemnent of the Fund, and
under paragraph 1(c) to maintain (and adapt to charts circum-
stances) any discrimination involved in balance-of-payment import
restrictions which were being applied on 1 March 1948, but which
would not be covered by paragraph 1(b).
The second, contained in Annex J, called "the Geneva option", permits the
contracting parties which have elected to be governed by its provisions to
administer their balance-of-payment import restrictions discriminatorily in
such a way as to increase the total of their imports above the level which
could be obtained if restrictions were applied without discrimination
between sources of supply. For the sake of simplification it may be said
that, subject to stated conditions and limitations, Article XII permits a
government to determine what and how much will be imported, while Article XIV
permits it to determine where the goods for importation will be bought. 1
16. Many countries in the postwar period, when many of the world's
currencies are inconvertible, have been unable to acquire, either directly
or indirectly, the amounts of the various currencies which their importers
would desire to spend under regi es of non-discriminatory importation. The
provisions of Article XIV and Annex J are designed to enable countries to
obtain additional imports with their available means of payments by departing
from the rule of non-discrimination. This rule, if strictly enforced, would
necessitate uniform import restrictions and thus might require certain
countries to contract their imports from some sources while they still
possessed unutilized means of financing such imports. It may therefore be
claimed that by departure from the rule of non-discrimination it has been
1 This paragraph contains a more paragraphrasing of the provisions of the
Agreement. Hence it is necessary to repeat the qualification, which
appeared in the First Report on the Discriminatory Application of Import
Restrictions that both Article XIV and Annex J include procedures for
reporting and many important provisions aimed at avoiding the misuse of
discriminatory import measures and limiting any longer-term adverse effects
that such discriminatory practices might tend to produce. For this reason
the above paragraph should not be used as a basis for considering the con-
sistency of any particular imoort practice with the terms of the General
Agreement; for that purpose direct reference to the terms of the Agreement
itself would be essential. GATT/CP.6/12/Rev. 2
Page 9
possible to bring about an increase in the total trade of countries in
balance-of-payment difficulties.
17. If no discrimination is intended, but it is still desired to restrict
the total amount of imports of a commodity, licences which allow importers to
obtain supplies of that commodity from any source up to the total amount, or
"global quota", can be used. But licences bearing no reference to the
country, or to the currency area, of supply are uncommon while most govern-
ments which are restricting imports are availing themselves the of the transi-
tional period armangenents fer thcriminatory tc:::application of restrictions.
en thorcumstances it nces is only fe us cwithenifpec-aifd areas (or alter-
natively moo inpcrtm froriaurce other cth;rthan specified areas) that such
ces nesN are gr.nted e Otherwiso the liconce ls va'id only for a particular
purchase - e fiuantiti at a y nt known price rom fxtoma specified source. In
state-tradiegations, on the other hahr hdiscrimination is effected s affby
permittieg tho agenmonopoly management to place orders freely s frein speci-
fice countries whoseencious can be provided for payment, r p ;while limiting
purchasem froraareas with whieh thre alance-of-payment ay.ondifficulties,
instead of basiegcthccehoiosupplier upJ.iupmmercial considerationsons
such as pr,cey qualitmarketability and other h> conditions of s.leo
18 lational Methods Discrimination is made effective generally -alby drawing
e ~~~~~~~~~~- I 4 b*
a diitinctiolabilityn (;ao'mnr-. in accordance arth avaiL..bliLy of the cur-
ng ciesrogramming of imports, in the pJtannintor p grarwiing of imports,
ying restrictions, ractice of rount1ris app.".ying rostrictionsthe quotas
minissn od tnlimitedari-us kLr.i or thhe acn.sion cf umli-itod quantities
ying roain cerrodeties from par'icailar s.ApplyincLuntrics arc considered in
ties. Where quotas pated currency ava:T1.abt.lit:-.os, Whucro are allocated
dMen simplified euply, the allocation has beull sil)Lified ory often by
es are g supplying countries so thot J, -en-cs anr valid for imports from any
tities in tec group. mmodi/incs .:"i .ii.td qf.viof spocified corziod-
tics nay be admitted franione such list of supplying countries under "open
ions are licence while quaoti.tat:ve ll:2itbati-ns amaintained on impcrts of
these coneodintracting other covtntrio, Th fact somi cont;>ractin parties
have retriction meth-d of discrin-natAon to a disL.rXcti-nbetween two lists
ofccupmlying countric., mhe corimo.iti-nof whi.h nay change fron tire to tine
issue of licence is an indiin adva.-;oc th. ssiz.> r' oT licon is an indi-
vidurl acurrencies on ducision. wld for inpctt in ha'c jurtI.CieS the
licensos are issued only if i. can be sho-n that tho goods GATT/CP. 6/12/Rev. 2
Page 10
to be imported command a high priority an cannot be obtained at an acceptable
price in a soft-currency country. The test of essentiality and price advan-
tage is less rigid for soft-currency imports and in some instances even the
requirement of licences has been waived altogether or is merely a formality.
The contracting parties which are governed by Annex J implement the price
provisions of the Annex by administrative procedures involving a comparison
of relative prices in various markets.
19. This unilateral method of determining the incidence of the discrimina-
tion policy is practised in some degree by all the contracting parties which
are restricting imports. Except where an open licence for imports from
soft-currency areas is in force or where the allocation of a quota is
arranged by agreement with the exporting country, the determination of the
national shares and the distribution of licenses remain in the hands of the
government applying the restriction. With few exceptions this is the method
used in determining the volume of imports to be admitted from hard-currency
countries - the administration retains flexibility and no commitment is made
as to importation or the issue of licenses.
When
restrictions are made effective administratively - that is, by decisions in
respect of individual applications for licenses without the fixing of quotas -
the restricting government may nevertheless have an established though
unannounced programme for importation. These import programmes relate
principally to importation from hard-currency countries and are frequently
revised in accordance with availability of the currencies required for
payment.
20. A number of countries use this unilateral method almost exclusively: GATT/CP.6/12/Rev. 2
Page 11
the volume of their imports from soft- and well as from hard-currency countries
is not fixed in advance except, possibly, in their own import programmes
which, however, may be modified without reference to the countries of supply.
The other countries use a combination of unilateral and bilateral methods.
21. Bilateral Methods - It has become a common practice with many
governments to enter into bilateral negotiations on the quantities or total
values of various goods or classes of goods to be imported from each other
within fixed periods of time. The resulting agreements provide for the supply
or purchase of minimum quantities or for making available fixed total values
of foreign exchange to be used in the purchase of specified goods. Most
agreements incorporate commitments which vary from estimates of total imports,
or schedules of quotas for products for which the governments of the importing
countries are prepared to issue licences, to undertakings to purchase or supply
fixed quantities of stated commodities. The governments which are parties to
these agreements endeavour by these means to increase their trade with one
another. There is now an extensive network of such bilateral agreements,
some of the contracting parties having as many as twenty.1
22. There has been a tendency recently for governments to make more use of
quotas which are valid for imports from a specified group of countries, thus
widening the importer's choice of country of supply. To that extent the scope
of bilateral bargaining has been reduced. One of the reasons why this practice
is not more widely adopted is the fact that it reduces a government's
bargaining powers vis-à-vis other governments which adhere more L'iQrV strictly to
the allocation of quotas to particular sources of supply.
A list of current trade and payments agreemeats wowspublished as a
Supplement to the Internal Tade Tr.( Bulletin int.in August 1951. GATT/CP.6/12/Rev. 2
Page 12
23. Group Arrangements -The CONTRACTING PARTIES recorded in their first
report on discrimination that a majority of the governments taking action
under Article XII and XIV belong to one or other of two groups of countries,
namely these which belong to the sterling area and the members of the
Organization for European Economic Cooperation. The arrangements operating
between the members of each of these two groups were generally described in
the first report and need not be repeated here.
24. Most of the exemptions from restrictions and formalities which sterling
area countries accord to each other are new extended to other soft-currency
countries. All the countries of the sterling area are still restricting
imports in varying degree from the dollar area, though several of them, e.g.
Australia, Ceylon, India and New Zealand, have recently had surpluses of
varying size in their balances of current dollar payments.
25. The members of the other group - the Organization for European Economic
Cooperation - have adopted a programme for the removal of quantitative
restrictions on intra-European trade which has a bearing upon the discrimin-
atory application of their restrictions. Under this programme, the res-
trictions have been removed from an agreed percentage of each country's
trade on private account with other participants, and several countries in the
group have extended these exemptions in whole or in part to certain countries
which are not members. The participating governments have stated that the
removal of restrictions within the area was made possible by the establish-
ment of transferability of their currencies through the European Payments
Union. And they have stated the objectives of the scheme to be, first,
to restore competition and to create a European market within which
goods might circulate more freely and, secondly, to contribute to the
ultimate restoration of multilateral trade throughout the world. GATT/CP.6/12/Rev. 2
Page 13
3. TRENDS OF POLICY AND EFFECTS
26. In examining the trade policy applied under Articles XII and XIV it will
be useful to review the changes in the external financial position of the
countries concerned and the progress made towards the restoration of
multilateral trade.
27. The contracting parties whose import restrictions have been under review
have not made uniform progress in economic recovery, but there are distin-
guishable trends which have affected all of them in some degree. Most of
these countries have achieved a remarkable recovery in production and trade.
In Western Europe, for example, the output of goods and services has greatly
increased and is now higher per capita than in 1938. In addition to the
recovery of production for domestic consumption, there has been a gratifying
reconstruction of the export trades, and the drive to direct an increasing
volume of exports to dollar markets has met with a fair degree of success.
On the demand side, dollar goods have met increased competition from other
sources through the improved supply position in Europe and elsewhere. The
devaluation of most of the sterling area and European currencies in September
1949 assisted both in the development of export trade to North America and
in restraining demand for dollar goods. The countries employing restrictions
have, in general, rebuilt the volume of their exports to the prewar level;
their dependence upon imports from hard currency areas has been reduced. The
United States surplus on goods and services account with the Latin American
republics fell from some $2035 million in 1947 to $271 million in 1950 and
with Europe and its dependencies from $6040 million to $1365 million in the
same years.
28. The substantial increase in production in these years, especially in
the industrial field, greatly strengthened the world Market for raw materials
and primary products, and a change had been discernible for some time in the
terms of trade between the industrial and primary producing countries. Since
the middle of 1950 the war in Korea and the purchase of raw materials for
strategic, commercial and industrial stockpiles have further advanced this
trend, affecting the trade and financial situation of many countries. During
this period there was a tendency for most prices - raw materials, industrial
products and capital equipment - to rise. However the more rapidly rising
prices of certain primary products inflated the value of exports of the
producing countries concerned and had the effect of improving their current
account position; this trend has not been consistent for all primary products GATT/CP.6/12/Rev.2
Page 14
and there has been in a few cases a significant recession from peak price
levels.
29. An important consequence of these developments was a shift of gold
reserves. Whereas in the two years 1947 and 1948 the gold holdings of the
United States increased by $3692 million, in 1949 there was little change and
in 1950 they fell by $1744 million, this fall continued during the first
months of 1951, and them tended to level off. The gold sold by the United
States, as well as newly-mined gold, was widely distributed among European,
Western Hemisphere and other countries.
30. Howevar, this Report does not intend to express a judgment as to whether
this trend is permanent in character, particularly in view of the uncertain-
ties of the present world situation and consequently as to how far the
countries producing primary commodities, including under-developed countries,
some of which have been considerably handicapped by the growing scarcity of
capital goods, can be said to have achieved external financial stability.
Experience indicates that primary commodities have been more subject than
industrial products to extensive price fluctuations. Furthermore, the
position of certain countries producing primary commodities is affected by the
existence of maximum prices for their exports.
31. Another aspect of the repercussions of defence programmes on trade policy
is the limitation of exports of raw materials. The prohibition and licensing
of exports for strategic reasons and to conserve supplies of scarce commodi-
ties is becoming more prevalent; this, combined with the increased expenditure
on imports, reflects the greater importance attached to securing commodity
supplies.
(i) TheUnited States Balance of Payments
32. At the end of hostilities in 1945, the productive capacity of the United
States was unimpaired, and its reconversion to civilian production proceeded
rapidly. Physical destruction in some countries and economic disruption in
others operated to magnify considerably the world demand for goods from the
United States. United States exports were at record levels, reaching their
peak in1947. For many countries, the availability of means of payment for
United States goods overshadowed all other payments problems. At the very
time of the peak demand for goods, which were then principally available from
the United States, dollar earnings were at a low level because of a variety
of factors, including diminished investment income, impaired capacity to
produce and increased domestic demand for exportable goods, and impaired
facilities for services which customarily yielded invisible income. In
addition, a number of important countries emerged from the war with reduced GATT/CP.6/12/Rev. 2
Page 15
reserves. The United States export surplus of goods and services amounting
to $37.6 billion from July 1945 to the end of 1950, was financed in part
by transfers of reserves, but principally by United States Government loans
and grants.
33. However, the year-by-year record of the United States balance of pay-
ments shows the progress which has been made during recent years in its
payments relationships with the rest of the world. Imports have risen
steadily since 1946 (except for a brief minor recession in 1949) and exports
have dropped steadily since 1947. The value of United States imports in
several months in 1950 and early 1951 actually exceeded the value of exports.
A steady outward capital flow has been maintained; extraordinary governmental
assistance has tapered off since 1947; and the gold movement was largely
arrested in 1949 and sharply reversed in 1950. This improved relationship
has continued in 1951, although statistics of actual exports tend to under-
estimate the magnitude of the underlying demand for United States goods
while their importation is still being restricted by many countries.
(ii) The Sterling Area
34. Although production and export trade of the sterling area countries
advanced encouragingly, the gold and dollar reserves held in the United
Kingdom fell in the three years, 1947-49, from $2696 million to $1688 million.
In July of 1949 the Commonwealth countries of the sterling area, other than
South Africa, agreed to endeavour to reduce their demands on the central
reserves in respect of dollar imports by 25% below the level of 1948 in order
to halt the severe drain on those reserves.
35. This intensification of restrictions required consultations with the
CONTRACTING PARTIES under the provisions of Article XII. In accordance with
Article XV, the CONTRACTING PARTIES also consulted with the International
Monetary Fund. These consultations were concluded in November 1950. The
results of the intensification were examined in the light of subsequent
developments. By the end of September 1950 the gold and dollar reserves had
recovered from $1425 million a year earlier to $2756 million. In the course
of the consultations, several contracting parties expressed the view that
the time had come for Australia, Ceylon, New Zealand, Southern Rhodesia and
the United Kingdom to begin the progressive relaxation of their respective
restrictions on imports from the dollar area, and the Fund expressed the
opinion that such relaxation would be feasible but should be undertaken with
due caution having regard to prevailing uncertainties. The five governments,
however, wore of the opinion that, although the gold and dollar reserves of GATT/CP.6/12/Rev.2
Page 16
the starling area had improved, several adverse factors, of which the full
effects would not be felt until 1951, rendered it unwise for them to under-
take at that time any commitments for a relaxation of their restrictions.
As for India and Pakistan, it was generally agreed that no further
relaxation of the general level of their restrictions was appropriate at
that time.
36. The Union of South Africa also experienced payment difficulties. From
1947 to 1949 the gold held by the South African Reserve Bank declined from
$939 million to $128 million. Since the war-time control of imports had been
abolished, new restrictions were introduced. Under Article XII;4(a) a
contracting party instituting restrictions is required to consult with the
CONTRACTING PARTIES as to the nature of its balance-of-payment difficulties,
alternative corrective measures, and the effect of such measures on the
economics of other contracting parties. The consultations with South Africa
were held in 1949 when the measures and the methods of restriction wore fully
discussed with the CONTRACTING PARTIES. The South African Government later
informed the CONTRACTING PARTIES that the suggestions made in the course of
these consultations had been taken into account in the development of its
import policy.
37. Since the middle of 1950 there has been a substantial relaxation of the
restrictions by a number of the sterling group; some products have been added
to the free lists, while elsewhere the relaxation has been introduced by
means of a more lenient administration of the licensing requirements. In the
light of the events of 1950, which resulted in increased earnings in dollars,
it was possible to modify the reduction of imports introduced the previous
year. A few examples will illustrate the relaxations which took place.The
United Kingdom substantially increased its expenditure on dollar imports and
made further additions to the list of products imported under open licences
from soft-currency sources. Australia increased its imports from all sources
and extended the list of "easy-currency" countries from which goods might be
purchased without licence; New Zealand increased its purchases from the hard-
currency area and at the same time abolished import control entirely on most
commodities from an extended number of soft-currency countries- India provided
for a higher level of imports and extended their list of soft-currency
countries; approximately 75% of the pormits issued by South Africa for 1951
are valid for importation from any country; Southern Rhodesia removed all
restrictions on imports from a number of countries; and Ceylon announced that GATT/CP.6/12/Rev.2
Page 17
from July 1951 there would be no restriction of imports except for a very
few articles when imported from hard-currency countries.
38. The tendency to be more lenient in the application of restrictions on
purchases from the dollar area continued in the early part of 1951, although
as the year progressed the balance-of-payment situation grew less favourable.
The gold and dollar reserves continued to increase in the first half of 1951,
and by the end of June had reached $3867 million. In the third quarter,
however, the sterling area had a gold and dollar deficit of $638 million and
the reserves declined by $598 million to $3269 million.
(iii) Western Europe
39. The trade of the countries of Western Europe, both among themselves and
with countries outside Europe, has improved fairly steadily in the six years
since the war, and steps have been taken to ease the restrictions on imports,
particularly from soft-currency countries. Many of the import quotas
allocated in bilateral trade agreements provide for an increased volume of
trade, but import programmes for 1951 have not generally envisaged an increase
in hard-currency purchases. Relaxation has been introduced administratively
in the treatment of applications for licenses and in the allocation of
foreign exchange for overseas purchases but its extent is difficult to measure.
40. The most important development in trade policy is the liberalisation
programme of the Organization for European Economic Cooperation, which was
mentioned earlier as one of the group arrangements involving discrimination
in the application of restrictions. In November 1949, quantitative restric-
tions were removed from 50% of intra-European trade on private account, on
the basis of 1948 trade statistics, for each of the three commodity groups -
food and feeding stuffs, raw materials and manufactured goods. With the
establishment of the European Payments Union in the summer of 1950 this was
extended to 60% in October, and the target was raised to 75% in February
1951. In May, 1951, agreement was reached upon the consolidation of a list
of liberalised products accounting for 60% of intra-European private trade.
At the present time four of the contracting parties applying restrictions
under Article XII- France, Italy, Sweden and the United Kingdom - have
liberalized at least 75% of their private trade with other members of the
Organization and have consolidated 60%. Other members have progressed in
varying degrees towards the achievement of these goals. GATT/CP. 6/12/Rev.2
Page 18
The most recent development in the Organization for European Economic
Cooperation programme was the acceptance in August 1951 of a short "common
list" of products, principally textiles and textile machinery, from which
quantitative restrictions were to be removed by all countries except these
which have been exempted from applying the liberalization measures; if the
restrictions are not removed their retention is to be justified to the
Organization.
41. The liberalization programme was facilitated by the development of
arrangements for the clearing of accounts and for the transferability of the
currencies of the participating countries within the group through the
mechanism of the European Payments Union.
42. In the first stage of liberalization most members of tho Organization
excluded the members which they regarded as hard-currency countries from the
benefits of the removal of restrictions, but the establishment of the
European Payments Union in July 1950 permitted the extension of liberalization
to these countries. Further, they have extended the liberalization to imports
from the dependent territories of other members; and some have extended it, in
whole or in part, to certain non-member countries, as follows:
Countries and currency area, other than the
territories of OEEC members, to which the
Denmark - Sterling Area and Indonesia
Netherlands - Indonesia
Norway - Sterling Area, Finland, Indonesia, Israe and
Spain (including Dependencies)
Sweden - Sterling Area, Finland and Indonesia
United Kingdom - [Information to e supplied]
(iv) Latin America
43. During the war most of the countries of Latin America had a favourable
trade balance. Earnings of foreign exchange from the export of primary
products were higher than usual, and the trade surplus was further enlarged
by the involuntary reduction of imports caused by the world-wide suarcity of
consumer goods. By 1946 this trend was reversed. With the opening up of GATT/CP.6/12/Rev.22
Page 19
sources of supply the pent-up demand for consumer goods brought a substantial
increase of imports which led to a decline in the monetary reserves, which
reached a low point in 1949, and to the increased use of restrictions. Some
of the Latin American countries attempted, however, to maintain their export
trade with European countries applying restrictions by means of bilateral
agreements. Another aspect of the discriminatory application of restrictions
was related to the efforts of some of these countries to avoid the accumu-
lation of inconvertible currencies. In 1949 Chile experienced new difficul-
ties through the fall in the price of copper and the Government decided to
intensify its restrictions on dollar imports. The consultations with the
CONTRACTING PARTIES, under the provisions of Article XII:4(b), were concluded
in November 1950, when it was generally agreed that it would not be appropriate
for Chile to undertake at that time any further relaxation of the general
level of its restrictions on imports from the dollar area.
44. The more recent improvement in the balance of current payments and the
strengthened monetary reserves have enabled some of the contracting parties
in Latin America which maintain import restrictions to relax them. In the
case of Peru all remaining balance-of-payment import restrictions were
removed in January 1951. GATT/CP.6/12/Rev. 2
Page 20
4. INCIDENTAL TRADE EFFECTS OF RESTRICTIONS
45. Import restricting have generally been applied in such as way as to
curtail imports of "loss-essential" goods while the process of post-war
recovery and development was being carried forward. Although total imports
have been kept at a high level, the selections made by importing countries
in classifying goods as "essential" and "non-essential" have affected the
expert markets for certain commodities far more severely than appears from
the total figures of trade.
46. Under Article XII governments are required, in the application of their
balance-of-payment restrictions, to avoid unnecessary damage to the commer-
cial and economic interests of other contracting parties and not to prevent
unreasonably the importation of goods in minimum commercial quantities if
regular channels of trade would otherwise be impaired. Several contracting
parties have taken special stops in an endeavour to fulfil these under-
takings, in some instances by admitting small quantities of imports which
would not otherwise have been licensed and in others by granting foreign
exchange for imports in excess of the fixed quotas or for products not
under quota.
47. An important example of this type of arrangement is the system of
token imports used by certain contracting parties whereby they permit the
importation of fixed quantities of certain commodities which would otherwise
be prohibited, so that the market for them will not be entirely lost as a
consequence of the restrictions. The United Kingdom plan benefits princi-
pally the United States and Canadian manufacturers of branded goods which
had wide sale in the United Kingdom before the war. For 1951 the annual
quota was advanced from 20 to 40% by value of each manufacturer's average
annual trade in 1936-38.
48. Another arrangement which permits the importation of small quantities
of goods which would not otherwise be authorized is that adopted by the
French and Netherlands Governments which in some circumstances allow
exporters to retain a small proportion of the proceeds of exports to certain
hard-currency countries which can be used for imports that would not
otherwise be authorized or for other purposes. GATT/CP.6/12/Rev. 2
Page 21
49. Although contracting parties have taken measures to mitigate the effects
of their restrictions on the trade of others, it must be recognized that
import controls are bound to affect the normal conduct of trade. Restriction
of imports, whatever its purpose, tends to limit competition and to that
extent to protect the domestic production of competing products and to raise
prices. In so far as foreign competition is absent an important incentive
to domestic producers of like products to lower their prices is impaired
and the expansion of domestic production of the restricted goods through
the participation of extra-marginal producers tends to be encouraged. The
longer the restrictions are in force the greater is the likelihood that the
changes they cause in the structure of production and prices, both in the
exporting and the importing country, will harden and crystallize.
50. It is not only the restricted supply of particular imports which
protects the domestic industry concerned. Formalities and delays involved
in complying with the import control procedures may add to the cost of
importation and so constitute some further element of protection.
51. Exporters and importers may be discouraged from setting up marketing
facilities in countries where, through frequent changes in import controls,
it is difficult to maintain continuity of sales. And there is a tendency
for exports to be attracted by the higher prices often available in soft-
currency markets to the detriment of the earnings of hard currencies.
52. The problem of protection was discussed by the CONTRACTING PARTIES
at their Fourth Session in March 1950, and methods by which governments
could minimise the incidental protective effects were examined. It was
found that several contracting parties had taken steps to discourage the
establishment and growth of vested interests which might press for the
maintenance of the restrictions beyond the period when restrictive measures
to safeguard the balance of payments could be justified in terms of the
Agreement. The CONTRACTING PARTIES concluded that the governments applying
restrictions should endeavour, in their own interests and in the spirit
of the Agreement, to prepare domestic industries for the time when import
restrictions would be relaxed and, finally, removed. They recommended in
particular the following methods whereby the "Undesirable incidental
protective effects" could be minimised: GATT/CP.6/12/Rev. 2
Page 22
"(a) Avoiding encouragement of investment in enterprises which could
not survive without this type of protection beyond the period in
which quantitative restrictions may be legitimately maintained;
"(b) Finding frequent opportunities to impress upon producers who are
protected by balance-of-payment restrictions the fact that these
restrictions are not permanent and will not be maintained beyond
the period of balance-of-payment difficulties;
"(c) Administering balance-of-payment restrictions on a flexible basis
and adjusting them to changing circumstances, thereby impressing
upon the protected industries the impermanent character of the
protection afforded by the restrictions;
"(d) Allowing the importation of "token" amounts of products, which
otherwise would be excluded on balance-of-payment grounds, in
order to expose domestic producers of like commodities to at least
some foreign competition and to keep such producers constantly aware
of the need ultimately to be prepared to meet foreign competition;
"(e) Avoiding, as far as balance-of-payment and technical considerations
permit, the allocation of quotas among supplying countries in favour
of general licenses unrestricted in amount or unallocated quotas
applying non-discriminatorily to as many countries as possible; and
"(f) Avoiding as far as possible narrow classifications and restrictive
definitions of products eligible to enter under quotas."
53. Several governments nave taken stops to impress upon their producers
that the protection which they have enjoyed incidentally as a result of the
quantitative restrictions imposed for financial reasons is of a temporary
nature. This is a problem which requires constant vigilance by all the
countries concerned. GATT/CP.6/12/Rev . 2
Page 23
5. CONSULTATIONS ON THE CONTINUANCE OF DISCRIMINATION
54. The use of discriminatory import restrictions under the General Agreement,
to safeguard the external financial position and balance of payments, is closely
associated with the provision in Article XIV of the Articles of Agreement of
the International Monetary Fund. Under that article members may, in certain
circumstances, maintain restrictions on payments and transfers for current
international transactions but only so long as they are availing themselves of
the post-war transitional period arrangements of the Fund Articles. Moreover,
the Fund's Articles and the General Agreement contain related provisions
governing the removal of these restrictive measures. Article XIV of the Fund's
Articles of Agreement states: "Five years after the date on which the Fund
begins operations, and in each year thereafter, any member still retaining any
restrictions inconsistent with Article VIII, Sections 2, 3 or 4, shall consult
the Fund annually as to their further retention." The five-year period ends
in March 1952.
55. Article XIV:1 (b) of the General Agreement provides that a contracting
party may, in the use of import restrictions, deviate from the rule of non-
discrimination in a manner having equivalent effect to restrictions on payments
and transfers for current international transactions which that country may
apply under Article XIV of the Fund. Thus a link exists between exchange
restrictions and discrimination in import restrictions. Continuance of
discrimination in the application of import restrictions under Article XIV:1 (b)
of the General Agreement by a contracting party which is a member of the Fund
depends upon determination by the Fund as to the action which is permitted
to that member in exchange matters under Article XIV of the Articles of Agree-
ment of the International Monetary Fund.
56. However, there is an area of permissible discrimination less closely tied
to exchange restrictions. Contracting parties governed by Article XIV,
paragraphs 1(b) and 1(c) which, on March 1, 1948, maintained discriminatory
import restrictions not parallel to transitional period exchange restrictions
are permitted to maintain such restrictions and adapt them to changing circum-
stances. Permissible discrimination under Annex J is defined without reference
to the Fund Articles. Contracting parties discriminating under paragraph 1(c) GATT/CP. 6/12/Rev. 2
Page 24
or under Annex J are required to consult annually with the CONTRACTING
PARTIES who may recommend the tormination of any particular deviation from
the provisions of Article XIII or the general abandonment of deviations. Thus
the whole field of discriminatory import restrictions maintained by any
contracting party under paragraph 1 of Article XIV (including Annex J) will,
commencing with March 1952, either come under annual consultation with the
CONTRACTING PARTIES, or, alternatively, will be affected by annual consul-
tations between the Fund and its members in the related field of exchange
restrictions. It should also be noted that no discrimination under paragraph
1(b) or 1(c) of Article XIV, or under Annex J, is permissible after the end
of a contracting party's transitional period under Article XIV of the Fund
Agreemen.
57. Contracting parties have reported that the discriminatory application
of their restrictions falls under the provisions of the Agreement as
follows:
Article XIV, paragraph 1(b) - France
Article XIV, paragraphs 1(b) and 1(c) - Australia,
Denmark, Finland, Greece, India, Italy, Netherlands,
Norway, Pakistan, Sweden and Turkey.
Article XIV, paragraph 1(c) - Germany and New Zealand.
Annex J - Ceylon, Southern Rhodesia, South Africa and
the United Kingdom.
The Governments of Indonesia and the Philippines have stated that their
restrictions are non-discriminatory, and the Government of Czechoslovakia
has stated that all countries are treated equally in accordance with
Articles XIII and XVII. Page 25
6. CONCLUSIONS
58. In summarizing and concluding this review of the restrictions
maintained by contracting parties, it will be well to recall the basic
objectives which governments set themselves when acceding to the General
Agreement.
59. Realizing the profound disadvantages which arise from the fragmentation
of world trade and the limitations thereby placed upon the possibilities
of trade expansion, the contracting parties have set as their goal the
restoration of mulitlateral trade. This aim is recognized in the statement
of objectives in the preamble to the Agreement in which the contracting
parties affirm their desire to enter into reciprocal and mutually advantageous
arrangements directed to thereduction of trade barriers and the elimination
of discriminatory treatment in international commerce. This aim is implicit
also in the provision of Article XI calling for the general elimination of
quantitative restrictions. In assuming the task of reconstructing the mul-
tilateral pattern of trade, the contracting parties were conscious that pro-
gress in this field is related to progress towards currency convertibility
which is a major purpose of the International Monetary Fund. To promote the
objective of multilateral trade the contracting parties have undertaken
certain obligations, in particular that import restriction on balance-of-
payment grounds may be maintained only under carefully defined conditions,
related to the state of monetary reserves. There is a wide privilege to
apply such restrictions in a discriminatory fashion during the postwar
transitional period, but this privilege ends with the end of that period
for the country concerned. GATT/CP.6/12/Rev.2
Page 26
60. Since 1945, and particularly since the Agreement came into operation in
1948, economic recovery and development nave proceeded steadily. Production
in many of the countries which were the scene of conflict has now surpassed
the pre-war levels. In this advance the financial aid rendered by the United
States and others has played an important part. The post-war recovery and
expansion of production, coupled with the widespread re-adjustment of exchange
rates in 1949, have gone a long way to bringing demand for foreign requirements
into closer relationship with available means of payment in most deficit
countries. While many factors, domestic and international, affect a country's
inflationary gap, its success in keeping domestic demand, which in many countries
is now held in check by restrictive measures, in a sound relationship with its
available means of international payments is a central factor in its ability
to relax or dispense with direct controls of international trade.
61. When the Agreement was drafted in 1947 it was expected that five years
of economic recovery would bring a general relaxation of trade controls
and that this review would, therefore, be limited to individual instances
of continuing restriction. In fact, however, an important part of the
trade of most countries remains subject to governmental restrictions based
on balance-of-payment grounds. Several governments, in particular those
of under-developed countries, have pointed out that the pressure on their
reserves arising from a high level of demand for imports, including essential
industrial materials and eouipment, may recuire the maintenance of priorities
for the importation of certain classes of goods.
62. By the middle of 1950, many countries which were in acute difficulties
in 1947 had advanced to the point where there seemed a fair prospect that
they would be able before long to pay their way, to rebuild their monetary
reserves, and to progress towards the ending of discrimination and the
removal of restrictions. After the middle of 1950, there was - as the
result of an improved balance of payments and reserve position, as well as
the desire to acquire supplies - a tendency in many countries to increase
the amount of their imports. In some cases, this development emerged from
announced changes in regulations; in others, the increased imports resulted
from administrative action, without This trendtr7nn
towards an increase in imports continued 1951. I1. GATT/CP. 6/12/Rev. 2
Page 27
63. Concurrently, there have been new factors arising from the international
situation. Principal among these have been the increased demand and higher
prices for certain raw materials and other essential supplies due partly to
speculative buying, private inventory accumulation and governmental stock-
piling, the increasing programmes of rearmament and the threat of new
inflationary pressures. Since many of these factors affect different countries
in varying degrees and even in diverse directions, it is difficult to make a
generalisation applicable to all, or nearly all, of the contracting parties.
Generally speaking, however, the widespread improvement in balances of
payments and reserve positionshas continued in 1951, although some important
countries are currently experiencing difficulties. 1
64. It is clearly the responsibility of each contracting party, both those
in balance-of-payment difficulties and the surplus countries, to continue
in the light of their individual circumstances to seek to remove the under-
lying causes of disequilibrium. In framing both internal and external
economic policies, governments should take account of the possible reper-
cussions of such policies on the economic interests of other countries and
the needs of the international situation.
65. In concluding this review, the CONTRACTING PARTIES note that the
governments which are applying import restrictions under Article XII are
conscious that the obligation which each has assumed under the Agreement
involves the continuous review by governments of their restrictive and
discriminatory practices and the removal of any measure which is not
strictly justifiable on balance-of-payment grounds. It is evident that
countries cannot all move at the same pace, but a number, particularly
those whose trade and payments position is improving as a result of recent
developments, should be able to take definite steps towards the further
relaxation of restrictions and reduction of discrimination.
1 This was written during October 1951.
~7 7T F |
GATT Library | py758fn8278 | Report on import restrictions applied under article XII : Draft report recommended by Working Party 6. Addendum | General Agreement on Tariffs and Trade, October 23, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 23/10/1951 | official documents | GATT/CP.6/12/Rev.2/Add.1 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/py758fn8278 | py758fn8278_90070336.xml | GATT_140 | 81 | 617 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED C
GATT/CP. 6/12/Rev. 2/Add .1
23 October 1951
ENGLISH ONLY
CONTRACTING PARTIES
Sixth Session
REPORT ON IMPORT RESTRICTIONS
APPLIED UNDER ARTICLE XII
Draft Report Recommended by Working Party 6
Addendum
The following information has been received for inclusion in the table
on page 18:-
Liberalization extended to:
United Kingdom:
Afghanistan, Andorra, Anglo-Egyptian Sudan,
Bhutan, Brazil, Chile, China, Egypt, Ethiopia,
Finland, Formosa, Indonesia, Israel, Lebanon,
Paraguay, Peru, Saudi Arabia, Spain and
dependencies, Syria, Thailand. |
GATT Library | kr641vh1570 | Report on import restrictions applied under article XII : Note by the Executive Secretary | General Agreement on Tariffs and Trade, September 12, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 12/09/1951 | official documents | GATT/CP.6/12 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/kr641vh1570 | kr641vh1570_90070326.xml | GATT_140 | 16,505 | 109,681 | RESTRICTED
GENERAL AGREEMENT ON LIMITED C
GATT/CP.6/12
TARIFFS AND TRADE 12 September 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
REPORT ON IMPORT RESTRICTIONS APPLIED UNDER
ARTICIE XII
Note by the Executive Secretary
At their Fifth Session, on 13 December 1950 (GATT/CP.5/42 and SR.21), the
CONTRACTING PARTIES decided to issue a questionnaire soliciting information
and data which would enable them to carry out the review of import restric-
tions applied pursuant to Article XII, as required under paragraph 4(b) of
that Article, and to make their second annual report on the discriminatory
application of restrictions as required by paragraph 1(g) of Article XIV.
At the same time the CONTRACTING PARTIES instructed the Secretariat to study
the replies to the questionnaire and to prepare in advance of the Sixth Session
"such material as may be considered likely to be of assistance to the CON-
TRACTING PARTIES".
The replies to the questionnaire have been examined and material in
the form of the attached draft report has been prepared for consideration at
the Sixth Session. The two tasks to be undertaken by the CONTRACTING
PARTIES - the review of import restrictions applied for balance-of-payment
reasons and the annual report on the discriminatory application of these
restrictions - are so closely related that it seems advantageous to prepare
one comprehensive report to serve both purposes. At the Fourth Session when
the CONTRACTING PARTIES approved their first report on the discriminatory
application of restrictions they decided that it should be published; in
anticipation of a similar decision on this occasions the attached draft
has been prepared in a form in which it could be presented to the public.
Part I of the draft, attached hereto, reviews the balance-of-payment
difficulties which led to the widespread use of quantitative restrictions,
the present circumstances affecting their removal or retention, the techniques
employed and discriminatory application. In preparing this draft the Secre-
tariat has had the benefit of suggestions and comments by the staff of the
International Monetary Fund. Part II, which will be prepared during the
Session by the Secretariat in consultation with the delegations concerned
and with the representatives of the Fund, will contain a brief note on the
principal features of the restrictions in force and estimates of the balance
of payments and monetary reserves of each country. GATT/CP.6/12
Page 2.
In the preparation of the draft the governments which participated in
the Torquay Conference with a view to acceding to the Agreement, and also
Uruguay, have been treated as though they were already contracting parties.
The questionnaire has been answered to date by 15 government but it is
understood that 11 others are also applying restrictions to safeguard their
balance of-payments, Presumably replies will be forthcoming from these 11
governments during the Session. Light contracting parties, namely Belgium,
Canada, Cuba, Dominican Republic, Haiti, Luxemburg, Peru and the United
States, have notified that they are not applying restrictions under Article XII,
and judging by information available to the Secretariat it appears that Liberia
may be included in this category. Nicaragua has recently imposed some new
controls on importation, but the reasons and the details are not known and,
therefore, in the preparation of this draft it has been assumed that Nicaragua's
action does not fall under article XII. No information is available about
the application of restrictions in Korea.
1 Australia, Czechoslovakia, Denmark, Finland, France, Federal Republic of
Germany, India, Italy, Netherlands, New Zealand, Norway, Philippines,
Southern Rhodesia, Union of South Africa, United Kingdom. GATT/CP .6/12
Page 3.
FIRST DRAFT
GENERAL AGREEMENT ON TARIFFS AND TRADE
-oOo-
REPORT
ON THE USE OF QUANTITATIVE IMPORT RESTRICTIONS
by
THE CONTRACTING PARTIES
TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE
to
SAFEGUARD THEIR EXTERNAL FINANCIAL POSITION
AND BALANCE OF PAYMENTS
(incorporating the CONTRACTING PARTIES' Second Annual
Report on the Discriminatory Application of Import
Restrictions)
October 1951 GATT/CP .6/12
Page 4.
TA BLE
of CONTE NTS
PART I
Page
l. INTRODUCTION
2. THE PAYMENTS DISEQUILIBRIUM
3. METHODS RH1O..OF iREONTRICTIM
(i)
The Limitation of Imports
Theractice of Discrimination
.4 TRENDS OF POLICY AND EFFECTS
(i)
(ii)
(iii)
(iv)
(v)
Recent Developments
The Sterling Area
Western Europe
Latin America and Other Aresa
Effects onD evelopment of World Trade
5. PROSPECTS FOR THE REMOVAL OF RESTRICTIONS
(i) Consultations on the Continuance of
Discrimination
(ii) Obstacles to Relaaxtoin
7
6
12
19
19
21
29
29
31
38
43
46
53
53
56 GATT/CP .6/12
Page 5.
PART II
(in course of preparation)
NOTES ONE RESTRICTIONS APPLIED BY CONTRACTING PARTIES
AND ESTIMATES OF THEIR BALANCES OF PAYMENTS AND
MONETARY RESERVES:
Australia
Austria
Brazil
Burma
Ceylon
Chile
Czechoslovakia
Demark
Finland
France
Germany
Greece
India
Indonesia
Italy
Netherlands
New Zealand
Norway
Pakistan
Philippines
Southern Rhodesia
Sweden
Turkey
Union of South Africa
United Kingdom
Uruguay
ANNEX
(to be included in the published Report)
THE TEXT OF ARTICLES XI TO XIV AND ANNEX J OF THE GENERAL GATT/CP.6/12
Page 6.
LIST of TABLES
Table I
" II
" III
I
IVV
f V
t VI
" VII
" VIII
fIX
t X
tXI
" XII
" XIII
" XIV
" XV
" XVI
" XVII
- Deficits on Goods and Services Account with the
Dollar Area,, 1947-1950.
- Gold and Foreign Exchange Holdings, 1937 and 1946-1950.
Estimates of Current Payments and Gold Movements of the
United States, 1881-1939.
- Balance of Payments of the United States, 1946-1950.
- Trade Balances of Sterling Area Countries.
- Gold and Foreign Assets of Sterling Area Countries,
- Trade between Sterling Area Countries.
- Trade Balances of Continental Contracting Parties.
- Gold and Foreign Assets of Continental Contracting Parties.
- Trade between OEEC Countries.
- Trade Balance of Brazil, Chile, Uruguay, Indonesia and
the Philippines.
-Gold and Foreign Exchange Holdings of Brazil, Chile,
Uruguay, Indonesia and the Philippines.
-Post-war Development of World Trade and Production.
- Index of Imports of Five Countries in 1948 and 1950 and
their relation to National Income.
- Quantum Index of Exports of Five Hard-Currency Countries.
- Total Exports of Five Hard-Currency Countries.
- Exports of Five Hard-Currency Countries as Percentages
of Total World Exports. Page 7.
PART I
1. INTRODUCTION
1 Most of the quantitative restrictions Iapplied by governments today are
2 a legacy of two world wars and of the economic crises they have brought in
3 their train. The strict control of trade exercised by most countries during
4 the war of 1914-18 was relaxed soon after the conclusion of hostilities.
5 Most of the quantitative restrictions which were not then eliminated had
6 disappeared by the end of the 1920's following the restoration of converti-
7 bility and the large-scale movements of capital which created at least a
8 semblance of equilibrium in international economic relations No doubt the
9 few remaining instances would also have been abolished had the period of
10 prosperity been prolonged.
11 A change came with the onset of economic depression in 1930. When
12 agricultural countries in central and eastern Europe were faced with heavy
13 competition from overseas and burdened with payment commitments arising out
14 of previous over-borrowing, they found it impossible to maintain a trade
15 surplus for debt-servicing without severely restricting imports. They used
16 quantitative restrictions and multiple rates of exchange to safeguard their
17 balances of payments. Industrial and creditor countries also introduced
18 import restrictions to protect their agricultural producers and to prevent
19 the growth of their trade deficits, but this aggravated the difficulties of
20 the debtor countries which, in spite of moratoria and "standstill" agree-
21 ments, were plunged into grave financial crises.
22 The pressure for control over importation increased with the deepening
23 of the depression. Commencing in 1931 restrictions were used extensively as
1 The terms "quantitative restrictions" and "import restrictions" used in
this Report are meant to include only those quantitative restrictions on
imports as defined in Article XII which provides that a contracting
party, in order to safeguard its external financial position and balance
of payments, may restrict the quantity or value of merchandise permitted
to be imported. GATT/CP .6/12
Page 8
1 an anti-deflationary device intended to safeguard national economies from
2 the full effects of the decline in world prices. Sometimes they were
3 imposed as an alternative to devaluation by countries threatened with loss
4 of reserves of gold and foreign exchange, and by others in conjunction with
5 a general control of payments for international transactions in an attempt
6 to maintain employment. The early 1930's was the first occasion on which
7 a substantial part of international trade was subject to quantitative
8 controls in time of peace.
9 By the time the halting recovery from the depth of the depression
10 began in 1933, the attitude to restrictions was fundamentally different
11 from that of earlier years when such measures were generally regarded as
12 temporary expedients. The "planning" of foreign trade came to be more
13 and more widely accepted as a normal function of government, and the
14 weapons which had been forged for an emergency defence of balances of pay-
15 ments, currencies, prices or production wore pressed into service as
16 permanent elements of trade regulation. Bilateral balancing of trade was
17 accepted by many countries as a natural objective of commercial policy.
18 Restrictions were considered essential to the prograrmes of national
19 economic development and the advancement of self-sufficiency, especially
20 in the totalitarian countries. Thus the use of restrictions in the Inter-
21 war period was widely extended as a supplementary moans of protecting
22 national agriculture and industry and even as a weapon of economic warfare.
23 Nevertheless some progress had been made in relaxing these restrictions
24 when, with the outbreak of a second world war, they gave way to a more
25 complete control of trade.
26 After the war ended, in 1945, many of the restrictions in force were
27 adapted to meet the exigencies of the post-war situation. Most of the GATT/CP .6/12
Page 9
1 belligerent countries were badly in need of consumer and capital goods
2 which could be obtained only from countries whose productive capacity had
3 been less directly affected by the war. But the low post-war level of
4 monetary reserves and the reduced earnings of foreign exchange, combineddo
5 with the general innvcoertibility of currenec,ishad deprived th em of the
6 means of payment, and therefore they resorted to a strict control of
7 importation to ensure that their milited resources would be devoted to the
8 needs commanding high priority. Them iporcont trols and restrictions were
9 o t be retained until export industries and other sources of foreign
10 exchange could once more finance both essential and non-essential purchases
11 as well as other current obligatio.ns
12 When the General Agreement on Tariffs and Trade was drawn up in 1947,
13 most of the governments which are now contracting parties were employing
14 im port restrictions for these purposes. Nevertheless they accepted the
15 general rule that imports from the territories of contracting parties
16 should not be prohibited and should not be controlled by means of
17 restrictions other than duties, taxes and other charges. Thisnderertaking,
18 which is contained in Article XI of the Agreement, relates to all quanti-
19 tative controls whethera mde effective throughuoqas,qc licences or other
20 measures, and precludes the use of restrictions fom nany of the purposes
21 for which they had been imposed in the decade before the war. Under the
22 General Agrmenent protection is not to be accorded to domestic industry
23 by means of the quantitative restriction of imports.
24 The Agreement contains provision for the use cf restrictions in
25 exceptional circumstances and under defined ndinitions. With the approval
26 of the CTRACL\TINPARTIETIS restrictionm nay be imposed temporarily to
27 promote economic development or reconstruction, but the most important of GATT/CP.6/12
Page 10
1 the exceptions is that contained in Article XII which allows a contracting
2 party to restrict imports, either by quantity or by value, in order to
3 safeguard its external financial position and balance of payments by
4 giving priority to imports essential to the national economy. Imports
5 may be restricted to the extent necessary to forestall an iminent threat
6 of a serious decline in monetary reserves or to increase reserves which
7 have fallen to a very low level. It was expected when these provisions
8 were inserted in the Agreement that within a few years the world economy
9 would recover from the post-war financial disequilibrium sufficiently to
10 allow the restoration of currency convertibility and the removal of most
11 balance-of-paynent restrictions Hence it was stipulated that the
12 CONTRACTING PACTIING r.TRTES should review in 1951 the restrictions still being
13 applied under Article XII. It is this review of the restrictions applied
14 by contracting parties for balanmece-of-paynt reasons that gives rise to
15 the present Report.
16 This owReport, hever, serves a dual purpose in that it includes the
17 second annual report NTRACTING PARTIESICTING IS on the discriminatory
18 applicaestrict rostr±ctions. The basic rule, forbidding discrimination in
19 trade control, is contained in Article XIII; this requires contracting
20 parties in their administration of restrictions to aim at a distribution
21 of trade which approaches as closely as possible the shares which the
22 various contracting pattiexpect uld ecpt to obtain if imports wore not
23 r.estricted The sole exception to this rule permits a ncontractig party,
24 in applying balancee-of-paymnt import restrictions during the post-war
25 transition period, to direct the purchases of foreign goods in accordance
26 with the exigencies of its balance-of-payments situation. Under Article GATT/CP.6/12
Page 11
1 XIV the CONTRACTING PARTIES are required to report coach year on the dis-
2 criminatory application of these restrictions: the first report was
3 published in 1950 1, and the relevant sections herein constitute the
4 second report.
5 The Agreement requires contracting parties which apply restrictions
6 under Article XII to relax then progressively as conditions improve,
7 maintaining then only to the extent that the level of monetary reserves
8 still justifies their application., and to eliminate them altogether when
9 conditions no longer justify their institution or maintenance. Further,
10 commencing in 1952, the CONTRACTING PARTIES are called upon to engage in
11 annual consultations with governments which still discriminate in the
12 application of their restrictions. Hence, sections of this Report are
13 devoted to the problems which contracting parties will encounter when they
14 cone to remove their restrictions and to the prospects for their early
15 relaxation in the light of world conditions today.
16 In order to obtain information to enable the CONTRACTING PARTIES to
17 review the restrictions in force and to report on discrimination, a
18 questionnaire was distributed. [Twenty-six]of the contracting parties
19 acknowledged in reply that they are resorting to the provisions of Article
20 XII and are employing quantitative import restrictions to redress their
21 balance of payments; these are: Australia, ..... etc. [Eight] contracting
22 parties, namely Canada .... etc., stated that they are not taking action
23 under those provisions. At their Sixth Session, which opened in Geneva on
24 17 September, the CONTRACTING PARTIES examined the replies and discussed
25 them with the representatives of the governments concerned. This Report was
26 approved on ....... October 1951.
1First Report on the Discriminatory Application of Import Restrictions,
March 1950, Sales No. GATT/1950-1, obtainable from sales agents of the
United Nations. GATT/CP .6/12
Page 12
2. THE PAYMENTS DISEQUILIBRIUM
1 The Second World War upset the balance of international trade and
2 payments. The causes and characteristics of this disequilibrium are
3 sufficiently well known to require no exposition in a report dealing with
4 one particular aspect of a technical nature. This Report is concerned only
5 with measures taken by several governments, which are contracting parties to
6 the General Agreement, to deal with the lack of equilibrium in world trade
7 and finance and to restore a balance in their own economic and financial
8 relations with other countries.
9 When the Agreement entered into force on a provisional basis in 1948
10 many of the contracting parties had deficits in their balance of trade and/or
11 current payments and applied restrictions on imports from all sources of
12 supply. Since that time, the position of several contracting parties has
13 substantially improved; this change would have led to a more widespread
14 relaxation of restrictions than has actually takenplace if they had been able
15 to use their surpluses with certain currency areas to cover their deficits
16 with others. But the fact that most currencies were not convertible, after
17 the end of the war caused a sharp distinction to be made between "soft" and
18 "hard" currencies - those which the countries with large trade deficits could
19 obtain in adequate quantities and those of which they could not obtain
20 sufficient for their needs from the proceeds of current earnings. The
21 United States and Canadian dollars were the principal currencies in the "hard"
22 category, although the Belgian and Swiss francs were also "hard" for many
23 countries.
24 The extent of the dollar shortage is revealed in estimates of balances
25 of payments. Estimates of the dollar gap are not available for all countries
26 and the basis of calculation is far front uniform; however, the magnitude of
27 the problem may be gauged from the following table: GATT/CP.6/12
Page 13
Table I - DEFICITS ON GOODS AND SERVICES ACCOUNT
WITH THE DOLLAR AREA, 1947-19501
(U.S. $ million)
Definition 1947 1948 1949 1950
of Area
Australia2
Brazil
Denmark
Dollar Area
" " 11
U.S. & Canada
"I1
France
Germany
Greece
India
Italy
Netherlands
i1" i"
-1191 -1067
-620
i" i
-24
"Hard Currency Area" -259
U.S. & Canada
i i
-78'
-110
-141
-626 -427
-724 -331
-745 -312
-91 -108
1-12
-450 -188
-315 -196 -148
New Zealand
Norway
Sweden
Turkey
Dollar Area
U.S. & Canaa
i " it
i "
Union of South Africa Non-Sterling .rca
United Kingdon
Uruguay3
Dollar Area
United Statos
-2301 -1065 -1117 -310
-35
-16
a0
S Se
Balance of NMents Yoarboos of Payments Yearbooks,Nos 1 & papers of IIY
Progress report of OEEC (June 1951); ;rvo BankRe of erveZealand
Bulletin (February 1951); and United Kingdon Government mublication
(cid. 8201).
1. This table is provisional pending further discussion with the IMF
2. Annual period ending June 30 of the year indicated.
3. Trade deficits only.
1 The inability of countries to finance those deficits without a disastrous
2 depletion of resources is evident from the statistics of their monetary
3 reserves in Table TI, which showI tho gold and foreign exchange holdings of
4 certain contracting parties.
It 3hould-be notes that the foreign exchange
5 reserves of most countries in tho sterling aree, including Australia, India
-224
-52
-299
-88
.54
.
-91
. . ,
-45
* *
-43
-76
-122
oe
155
-372
-30
-252
-53
-63
-38
420
-25
-18
-41
-329
. . .
. . . GATT/CP. 6/12
Page 14
1 and New Zealand, consist almost exclusively of sterling balances, and that
2 the United Kingdom has sterling liabilities, owed to both sterling area and
3 non-sterling areas countries, equivalent to $9.6 billion at the end of 1949 and
4 $10.5 billion at the end of 1950.
TABLE II - GOLD AND FOREIGN EXCHANGE HOLDINGS. 1937 AND 1946-1950
(G = Gold; Ex. = Foreign exchange)
(U.S. $ million: end of year)
1937 1946 1947 1948 1949 1950
Australia
Brazil
Denmark
France1
Greece
India
Italy
Netherlands
New Zealand
Norway
Sweden
Turkey
U. of S. Africa
United Kingdom
Uruguay
G
Ex
G
Ex
G
Ex
G
Ex
G
Ex
G
Ex
G
Ex
G
Ex
G
Ex
G
Ex
G
Ex
G
Ex
G
Ex
G2
G
Ex
5
274
32
23
53
35
2749
35
24
...
274
316
210
2
933
49
23
104
74
76
244
335
29
20
189
39
4085
...
75
...
82
677
354
446
38
87
872
66
19
...
274
4905
28
221
265
156
23
342
90
182
381
142
237
70
939
86
2696
165
200
92
88
514
354
471
32
69
550
252
14
...
274
4590
58
188
232
205
23
276
75
125
105
92
170
99
762
249
2079
149
175
81
88
1126
317
464
32
79
548
6
256
3099
112
421
167
274
23
255
53
113
81
136
162
30
183
147
1856
153
164
77
88
962
317
433
32
73
523
177
6
247
1735
256
637
195
265
27
168
51
71
70
112
154
49
128
170
1688
64
178
38
87
1233
317
407
31
83
523
463
4
247
1752
256
619
311
324
29
217
50
93
90
165
150
65
197
279
3300
143
236
76
Source: IMF International Financial Statistics, August 1951.
For 1948, 1949 and 1950, Bank of France holdings only.
2 For 1937, gold only, on Sept.30; for postwar years gold plus U.S.
and Canadian dollars.
3 Non-dollar currencies only.
. GATT/CP.6/12/12
Page 15
1 It may be noted that the lack of balance in current international
2 payments is not simply a post-war phenomenon. The large United States
3 export surplus appeared as early as the last quar terof the 19th century
4 So siselstent has this surplus been, that since 1880 there have been only
5 four years in which the value of the imports has exceeded that of the exports
6 of the United States.
7 Up to 1914 the passive balances in merchandise trade did not cause
8 great difficulty for the deficit countries, for they were able to balance
9 their accounts, through the mechanism of multilateral payments, with the
10 assistance of net earnings on investment income, shipping, insurance,
11 tourist traffic, etc. But through the inter-war period the deficits on
12 current account were financed with more and more difficulty. In the 1920's
13 they were met principally by a flow of capital, and in the 1930's by
14 liquidation of foreign assets and by payments in gold which led to the
15 unprecedented accumulation of gold in the hands of the United States
16 Government. These trends are to be soon in Table III, which gives the
17 international accounts of the United States over a period of 6e yoars. GATT/CP.6/12
Page 16
Table III - ESTIMATES OF CURRENT PAYMENTS AND GOLD MOVEMENTS
OF THE UNITED STATES 1881-1939)
(U.S.$ million; net aggregates
Mer- Invest- Other Total Capital
No.of chan- ment Ser- Goods & Gold movement
Years dise1 Income vices Services etc.2
1881-85 5 677 -370 -295 32 -106 94
1886-90 5 171 -470 -425 -724 18 706
1891-95 5 636 -495 -472 -331 192 139
1896-1900 5 2215 -540 -1104 571 -319 -452
1901-05 5 2520 -565 -1726 229 6 -23 5
1906-10 5 2240 -945 -2131 -836 -74 910
1911-13 3 1793 -730 -1505 -442 -34 476
1919-20 2 4458 1065 1165 6688 214 -6902
1921-25 5 2853 2980 -1572 4261 -1330 -2931
1926-30 5 1669 3853 -2039 3483 -44 -3439
1931-35 5 77 1927 -1430 574 -2560 1987
1936-39 4 873 1277 -700 1450 -7093 5643
Sources: Up to 1913, by interpolation, from Bullock, et al., "The Balance
of Trade of the United States", in Review of Economic-Statistics
July 1919. From 1919 to 1939, from League of Nations, Balance
of Payments, 1939-1945.
1Including silver.
2Derived from the preceding column and including errors and omissions.
1 The Second World War brought still greater difficulties in the balancing
2 of dollar accounts. The capacity of most countries to earn dollars by
3 trade and services was greatly reduced and their resources of gold and
4 foreign exchange were cut below levels of safety. At the same time, the
5 export surplus of the United States was larger than it had ever been before
6 in time of peace. The accounts were balanced by loans and grants including,
7 in particular, the grants to countries of Western Europe under the European
8 Recovery Programme. From July 1945 up to the end of 1950 the export surplus
9 of goods and services of the United States amounted to $37.6 billion and
10 the foreign grants and loans reached a total of $29.7 billion, or nearly 80% GATT/CP.6/12
Page 17
Table IV - BALANCE OF PAYMENTS OF THE UNITED
STATES, 1946-1950
(U.S. $ million)
1946 1947 1948 1949 19501
GOODS & SERVICES
Exports
Imports
Trade Balance
Non-monetary gold
Investment income
Other services
Balance on Goods
and Services
OTHER NON-COMPENSATORY
Capital movements,
donations, etc.
Errors and omissions
Surplus on Non-com-
censatory Accounts
7,035
COMPENSATORY OFFICIAL FINANCING
U.S. Government grants3 -787
U.S. Government loans -2,879
UNRRA
-1,529
10,085
-5,079 o,
2
2
15,127
-6.072
13, 077
-7.787
5,0062 9,055 5,290 5,193 1,392
19 7 -26 -
754 1,191 1,515 1,346 1,148
2. 159 ,481 288 -
7,919 11,746 7,100 6,501 2, 122
-17063 ,1,822 -1,952 -2,105 -1,372
P242 980 ,046 96 -
10 , 904
6,194
-2.t263 , -3,897
--4Y044 ,-1,346
-543 -
IBRD & INF
Short term balances
Gold purchases
Total
-757
-1, 233
- 607
-1,450
-381
960
-106
224
-1-53O
-7,035 -10,904
-6,194
')7 t33-5
21
846
1.743
-750
Source: NF InIMnational Financial, Statistics, May and June 1951.
1. Preliminary, not strictly comparable with data for preceding years.
2. Including non-monetary gold.
3. ECA counterpart fund deducted.
12,298
-7.105
10,679
-9.287
5,332
-4, 816
-470
750
-3,235
-125 GATT/CP. 6/12
Page 18.
1 The statistics presented above indicate the balance-of-payments dis-
2 equilibria which have existed and which have been intensified by changes in
3 the structure of production and shifts in the channels and composition of
4 international trade brought about by the last war. The tables provide a
5 graphic account of the outstanding features of the post-war situation in
6 which nearly all countries decided that they could not restore the converti-
7 bility of their currencies and to cope with their payment difficulties by
8 restricting importation and discriminating against purchases from certain
9 countries. They also reveal a substantial recent improvement in the payments
10 and reserve positions of many countries and this will be examined in more
11 detail below. GATT/CP. 6/12
Page 19.
3. METHODS OF RESTRICTION
1 (i) The Limitation of Imports
2 The common form of the restriction on imports is the prohibition-
3 except-under-licence promulgated by the government as a regulation governing
4 the conduct of private trade. Quantitative restrictions are imposed by laws
5 and decrees, and an administration is established to examine applications
6 for permission to import.
7 Article XIII provides a guide for contracting parties in administering
8 their restrictions. If possible the total amount of each product to be ad-
9 mitted in a future period (the global quota) is to be announced in advance,
10 and when a quota is allocated among supplying countries the allocation is
11 to be made if possible by agreement with all the contracting parties having
12 a substantial interest in supplying the product concerned. Alternatively,
13 the global quota may be divided among countries of supply in proportion to
14 the quantities imported during a previous representative period, adjustments
15 being made for special factors which may have affected the volume or direction
16 of trade. It appears however, that there is no instance in which multilateral
17 agreement has been sought for the division of e quota among supplying coun-
18 tries, and the representative-period method also is seldom used. Owing to
19 the prevailing practice of discrimination under Article XIV, the procedures
20 for the allocation of quotas are adapted to the overriding consideration
21 of the availability of the currency in which payment will have to be made.
22 If quotas are fixed at all, they are fixed either in relation to earnings
23 of foreign currencies or bilaterally in negotiations with countries of
21 supply. But often the restriction is affected administratively through the GATT/CP .6/12
Page 20
1 treatment of individual applications for r licene..s
2 The curtailment of expendt-ure on impor , for the purpose of safeguarding
3 the balance of payments may be AplJied also to trade conducted by, or on
4 behalf of, the state, adt terefeore theGCeneal ] Agreement stipulates that
5 the term"ifmport estrictionm", as uased in Articles XI to XIV, includes
6 "restrictions made effectivet,hrogsh state-trdring operations". Generally,
7 the restriction of strate imports rquires s no eaeborat &machinery for the
8 examnration of apliLcaton : or for thed s.tribution of licences.
9 The only ocntazctnmg party which exercises . full governmental control
10 of imports is Czecocslovakia, where importation is a function of monopoly
11 trading companie. A p rogramme ofidmportatocn is approved for each cmppany
12 as part fo the total import programm. e The balance o tcurrent payments,
13 excluding trade, being passive, the govenment r endeavours to obtain a surplus
2 on its trading activities. Therefore the programmes of the importing
15 companies are trimmed so as to require a smaller expenditure in foreign
16 exchange than is earned by exportation, and in this manner imports are
17
restricted for the purposes allowed by Article XII.
18 The reduction of expenditure on imports by other contracting parties
19 may be achieved in part by instructions to tateo state monoponies amd to
20 purchasing sommss-ion3 disposing oi puunIc frids to restrain their buying
21 programmes. Ft coosra ont:aparties the pro ii$ poportlon of trade conducted
22 by monopoly agencies or prenterpriseslTFiZLaes is smrll and has tended
23 to dncline sirce 1948 as the trade incommodities ;.otiies is returned to
24 private hands. Nev,rtheless. in the trade of the United Kingdom it amounted
25 in41%50 to .%5 and inethe tradc ftFzanne- bo nearly a quarter, of total GAT T/CP.6/12
Page 21.
1 imports. For those contracting parties which have an extensive trade of
2 this character the instructions to the buying agencies constitute an im-
3 portant element in the restrictive policy. Virtually every government
4 today conducts some trade on its own account. Finland, France [Germany],
5 Netherlands, Norway and the United Kingdom reported that restrictions for
6 balance-of-payment reasons are applied to state purchases.
7 (ii) The Practice of Discrimination
8 The discriminatory application of restrictions maintained under
9 Article XII was examined by the CONTRACTING PARTIES at their Fourth Session
3. in March 1950, and a report, as noted above, was approved and published.
11 Article XIV: 1(g) of the Agreement requires an annual report by the
12 CONTRACTING PARTIES so long as governments continue to doevate from the
13 rule of non-discrimination of Article XIII. This they may do so long as
14 they are availing themselves of the post-war transitional period arrange-
15 ments under Article XIV of the Articles of Agreement of the International
16 Monetary Fund or of analogous provisions of special exchange agreements
17 between the governments concerned and the CONTRACTING PARTIES. Twenty-two
18 of the governments which are taking action under Article XII of the General.
19 Agreement are availing themselves of the arrangements in the Articles of
20 Agreement of the fund, while Indonesia has availed itself of the analogous
21 provisions of its special exchange agreement. Burma, Germany and New
22 Zealand are not members of the Fund and have not yet accepted special ex-
23 change agreements.
24 Contracting parties applying import restrictions to safeguard their
25 balance of payments are permitted under Article XIV to follow one or other GATT/CP. 6/12
Page 22.
1 of two sets of rules which limit the manner and extent of their deviations
2 from the rule of non-discrimination. The first, called "the Havana option",
3 permits a contracting party -
4 under paragraph 1(b) of Article XIV to maintain discriminatory
5 trade restrictions having an effect equivalent to exchange restric-
6 tions which it may at the time apply under the transitional period
7 arrangements of the Articles of Agreement of the Fund, and
8 under paragraph 1(c) to maintain (and adapt to changing circumstances)
9 any discrimination involved in balance-of-payment import restrictions
10 which were being applied on 1 March 1948, but which would not be
11 covered by paragraph 1(b).
12 The second, contained in Annex J, called "the Geneva option" permits the
13 contracting parties which have elected to be governed by its provisions to
14 administer their balance-of-payment import restrictions discriminatorily
15 in such a way as to increase the total of their imports above the level
16 which could be obtained if restrictions were applied without discrimination
17 between sources of supply.1
18 For the sake of simplification it may be said that Article XII enables
19 a government to determine what and how much will be imported, while
20 Article XIV enables it to determine where the goods for importation will
21 be bought. The main purpose of discrimination in the application of import
22 restrictions is to enable the restricting country to obtain a larger volume
1 This paragraph contains a mere paraphrasing of the provisions of the
Agreement. Hence it is necessary to repeat the qualification, which appeared
in the First Report on the Discriminatory Application of Import Restrictions
that both Article XIV and Annex J include procedures for reporting and
many important provisions aimed at avoiding the misuse of discriminatory
import measures and limiting any longer-term adverse effects that such
discriminatory practices might tend to produce. For this reason the above
paragraph should not be used as a basis for considering the consistency
of any particular import practice with the terms of the General Agreement;
for that purpose direct reference to the terms of the Agreement itself
would be essential. GATT/CP . 6/12
Page 23.
1 of imports than would be possible if the rule of non-discrimination had to
2 be observed. Because of the inconvertibility of many currencies, some
3 governments have been unable to provide as much of all currencies as their
4 importers desired to spend. If the rule of non-discrimination were to be
5 strictly enforced, the countries employing restrictions would have to limit
6 their imports from all sources in line with the purchases they could finance
7 from the countries whose currencies they found most difficult to obtain.
8 Some countries applying restrictions under Article XII have considered it
9 necessary to relax the non-discriminatory rule in order to utilise the full
10 available amount of each currency. The kernel of the discrimination policy
11 is the more severe curtailment of hard -currency than of soft-currency imports.
12 If no discrimination is intended, open licenses, allowing importers to
13 obtain supplies from any source up to the total amount, or "global quota",
14 can be used.But licences bearing no reference to the country, or to the
15 currency area, of supply will be uncommon while governments are availing
16 themselves of the transitional period arrangements for the discriminatory
17 application of restrictions In these circumstances it is only within
18 specified areas (or alternatively for imports from any source other than
19 specified areas) that the open licence can be granted. Otherwise the licence
20 is valid only for a particular purchase - a fixed quantity at a known price
21 and from a specified source. In state-trading operations, on the other
22 hands discrimination is effected by instructing the agent or monopoly
23 management to place orders in specified countries, whose currencies can be
24 provided for payment, instead of basing the choice of supplier solely upon
25 commercial considerations such as price, quality , marketability and other
26 conditions of sale. GATT/CP.6/12
Page 24
1 Unilateral Methods Discrimination is made effective generally by
2 drawing a distinction between countries in accordance with availability
3 of the currencies required for payment. In the planning or programming of
4 imports, which is a common practice of countries applying restrictions, the
5 quotas allocated to the various countries are determined in accordance with
6 anticipated currency earnings. Where quotas are allocated among sources of
7 supply, the allocation has been simplified ied very often by the issue of
8 licences which are valid for imports from any country in a scheduled list
9 or for payment in a given currencyI. n fact the methood f discirimnation
10 may be reduced to a distinction between onlyo tw areas. If quotas are not
11 allocated in advance the ueiss eaof Lich cenis ancan individual administrative
3 decisions and for imports in hard rencurcies the licences are issued only
13 if it can be shown that the goods to be imported command a high priority
2 and cannot be obtained et an acceptable price in a softAcurrncyeicountry.
15 The test of essentiality and price advantage si less rigid for soft-
16 currency imports and in some nistances even the requirement of licenses
17 has been waived altogether or is merley a formlait., The contac.iIng parties
18 which are governed by Annex J mLpleeont - the price provisions of the Annex
19 by various administrative proceu-res involving a executiny andanro3Wing ..utiiiy ad a comparison
o0of relative prices" in "the "hard" and 'sf'tlarkets.
21 This unilateral method of deteceining the inciden-ece the discrimina-
22 tion policy is egree by all the contracting parties whiochth - p~rtics which
23 aport stricting imllocation . pt wheot the aLlooat-i of a qucta is arranged
24 by agreeuenr with the exporting coantT, the determination of the national
ution ares alicencs remaiijbii4iA of srer -z.' rnin in the hand. of the govern-
triction app'yi few exceptions this is th. : 'h xcFttns t a4ts the method used GATT/CP.6/12
Page 25.
1 in determining the volume of imports to be admitted from hard-currency
2 countries - the administration retains flexibility and no commitment is
3 made as to importation or the issue of licences. By this means the spending
4 of hard currencies can be kept within the limits of current earnings. When
5 restrictions are made effective administratively - that is, by decisions in
6 respect of individual applications for licenses without the fixing of
7 quotas - the restricting government may nevertheless have an established
8 though unannounced programme for importation. These import programmes relate
9 principally to importation from hard-currency countries and are frequently
10 revised in accordance with availability of the currencies required for
11 payment.
12 A number of countries, particularly those of the sterling area other
13 than the United Kingdom, use this unilateral method almost exclusively: the
14 volume of their imports from soft- as well as from hard-currency countries
15 is not fixed in advance except, possibly, in their own import programmes
16 which, however, may be modified without reference to the countries of
17 supply. The other countries use a combination of unilateral and bilateral
18 methods.
19 Bilateral Methods - It has become a common practice for countries in
20 Europe and South America to negotiate one with another in respect of the
21 quantities or total values of various goods or classes of goods to be imported
22 within fixed periods of time. Thus trade among the countries of Europe,
23 and in many instances also with countries overseas, is largely governed by
24 bilateral agreements providing for the supply or purchase of minimum or
25 maximum quantities, or alternatively, for making available fixed total
26 values of foreign exchange to be used in the purchase of specified goods. GATT/CP.6/10 Page 26.-
1 The natural tendency in such bilateral bargaining is to achieve a balance
2 of trade resembling a systme of barter or compensation requiring no trans-
3 fer of means of payment,
4 There is now a vast network of bilateral agreemens tnegotiated by one
5 soft-currency country with another (and in some instances with hard-curreney
6 countries) which determine and regulate a large part of international trade.
7 Some of the contracting parties have as many as twenty such agreements
8 through which their import restrictions and the discrimination against
9 1 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1
hard-currency purchases are made effective. Most of the agreements in-
10 corporate commitments to issue licenses, varying from an estimate or
11 target for total imports in a specified period of time, or a schedule of
12 quotas for products fo3which the government of the importing country is
13 prepared to issue licenses, to an undertaking to purchase or supply fixed
14 quantities ofistated commodities. The governments aim, by means of these
15 agreements to increase their trade with the other countries in balance-of-
16 payment Afficulties while restricting their imports from hard-currency
17 countries.
18 There has been a tendency recently for governments which follow the
19 practice of negotiating bi-lateral arrangements to make more use of non
20 discriminatory quotas for imports from the soft-currency countries as a
21 group, thus avoiding a rigid regulation of trade channels. But an
22 important reason why this practice is not more widely adopted is the fact
23 that it àêèreduces a government's bargaining power vi-vis other governments
A, is t of current trade and payments agreementswas published as
ws Bulletin ia Supplement to the Ri DN in Augu GATT/CP. 6/12
Page 27.
1 which adhere more strictly to the allocation of quotas.
2 Group ng en - A-rraem ts. ThP RCOETRACTING ?ATITS recorded in their first
3 report on discrimination that a majority of the governments taking action
4 under Articles XII and XIV belong to one or other of two groups of countries
5 which have made far-reaching cooperative arrangements either for the
(tr- overtibility of their currencies or in respect of payments for their
7 Those - trade. two groups are composed of the contracting parties
8 which participate in the sterling area pool of dollar resources and those
9 which belong to the Organization for European Economic Cooperation. The
10 financial arrangements of these groups are accompanied by exemptions from,
ii or relaxations of, import restrictions in favou'rof members of the group
12 and thus constitute an agreed and coordinated application of the discrimina-
13 tory technique.
14 How the sterling pool is operated by the participating contracting
15 parties was explained in the first report. These governments consider that
16 a strict control of impoorts from utside the area is necessary to protect
17 and strengthen their pooled resources of gold and convertible currencies.
J Many of the exemptions from restrictions and formalities which they accord
19 to each other are sometimes extended to other soft-currency countries, but
20 for purchases in dollars and other hard currencies the control is strictly
21 enforced. Restrictions ard e imemposeby mbers of the sterling area against
22 those countries with which the area as a whole is considered to be in
23 balance-of-payment difficulties, ideas against countries whose currencies
24 are "hard" in relation to sterling. Even though a sterling-area country
25 has a favourable balance withes countri outside the area, it may nevertheless
26 restrict importhoses from t countries as part of the general policy of GATT/CP .6/12
Page 28.
1 conserving resources in certain currencies. Consequently all countries
2 of the sterling area are still restricting imports from the dollar area,
3 though several of them now enjoy surpluses in their balances of current
4 dollar payments. The current earnings of United States dollars by Australia,
5 Ceylon, India and New Zealand provide examples of this type of situation.
6 The members of the other group - the Organization for European
7 Economic Cooperation - have a discriminatory arrangement which arises from
8 the Organization's programme for the removal of quantitative restrictions
9 on intra-European trade. Under this program, the restrictions have been
10 removed from an agreed percentage of each country's trade on private account,
11 though generally they are maintained in some form for imports from most
12 countries which are not members of the Organization and for state purchases.
13 The objectives of the scheme were explained by the participating governments
14 in their replies to the CONTRACTING PARTIES' questionnaire. The aims were
15 said to be, first, to restore competition and to create an European market
16 within which goods might circulate more freely and secondly, to contribute
17 to the ultimate restoration of multilateral trade throughout the world.
18 Further, it was stated that the removal of restrictions was made possible
19 by the improvement in the balances of payments of European countries in
20 1948 and 1949, which permitted the transferability of their currencies
21 through the European Payments Union and by the decision to take joint action
22 as a first step towards restoring freedom to European trade. GATT/CP. 6/12
Page 29.
4. TRENDS OF POLICY AND EFFECTS
1 The success or failure of the trade policy applied under Article XII
2 must be judged in the light of its contribution to a new equilibrium in
3 international trade on a sound and lasting basis, The broad results of the
4 policy and the continuing need for the maintenance of restrictions may be
5 measured against developments in several specific fields, namely: the
6 recovery of production, the expansion of foreign trade, the emergence of an
7 active balance of current payments, the rebuilding of monetary reserves and,
0 finally, the capacity to give freer admission to non-ebsetial imports
9 without incurring a renewal of balance-of-payment difficulties.
10 (i) Recent Developments
11 The contracting parties whose import restrictions have been under review
12 have not made uniform progress in economic recovery, but there are distinguish-
13 able trends which have affected all of them in some degree, Most of these
14 countries achieved a remarkable recovery between 1947 and 1951. In Western
15 Europe, for example, the output of goods and services has greatly increased
16 and is now higher, per head of the population, than in 1938, In addition to
17 the recovery of production for domestic consumption. there has been a grati-.
18 fynig reconstruction of the export trades and the drive to direct an
19 increasing volume of exports to dollar markets, has met with a fair degree of
20 success. All but one or two of the 26 countries employing restrictions have
21 rebuilt the volume of their exports to the prewar leve.l The economic
22 improvement in the past five years is reflected in reduced dependence upon
23 imports from he tahrd-currency areas and in a strengthening of the reserves of
24 gold and foreign exchange. Exports from the United States toE urope. fell GATTI/CP .6/12
Page 30.
1by 31% in 1950 and the United States surplus on current account with Latin
America has fallen from more than $2000 million in 1947 to $271 million in
1950.
Since the middle of 1950, however, the war in Korea and the purchase of
raw materials for strategic stockpiles and for armament production has greatly,
changed the commercial and financial situation of many countries. Rising
prices inflated the value of exports of countries producing primary commodi-
ties and converted their trade deficits into surpluses, The participation of
the United States Government as a buyer on commodity markets so increased the
value of United States imports that, in several months in 1950 and 1951, they
actually exceeded the value of export trade. An important consequence of the
higher values of raw materials was the shift of gold reserves. Whereas in
1947 and 1948 the gold holdings of the United States increased by $4377 million,
in 1950 they fell by $1743 million. The gold exported from the United States
was widely distributed through Europe, Latin America and the Far East,
Another aspect of the repercussions of defence programmes on trade policy
is the growing interest in the limitation of exports. The prohibition and
licensing of exports for strategic reasons and to conserve supplies of scarce
materials is now a common practice; this, combined with a greater willingness
to accept imports, reflects a reversal of the prevailing attitude to the state
of the trade balance.
The effects of these events and of the general improvement in production
and trade are evident in the trends of trade policy. One of the contracting
parties, Canada, which was restricting imports under Article XII, removed the
last of these restrictions in January 1951, while Peru took similar action
prior to its accession to the General Agreement. Latin-American countries
1
2
3
4
5
6
7
8
9
10 11
12
13
14
15 16
17
18
19
20
21
22
23
24
25
26 GATT/CP .6/12
Page 31.
1 have released many products from licensing requirements, but elsewhere -
2 particularly in the sterling area and Europe, treated more fully below - much
3 of the relaxation occurred within the framework of existing restrictive systems
4 without much formal changer Also some countries extended the soft-currency
5 area to include countries whose currencies were previously treated as hard,
6 A part of the increased earnings of convertible currencies has been used for
7 purchases from the hard-currecy countries. Although the relaxations which
8 have taken place to date are important steps they are not sufficiently
9 extensive to alter the general picture of action under Articles XII and XIV.
10 Worthy of special note is the pronounced tendency to discriminate only
11 between two groups - the hard and the soft currencies - and to apply less
12 and less restriction to trade among countries in the soft-currency catogory.
13 Further, an increasing proportion of the import trade of the countries
14 taking action under. Article XII is free of all restriction; in their replies
15 to the questionnaire the French Government estimated this proportion at 67%
16 in 1950 and the Governments of Denmark and Norway indicated that under their
17 1951 import programmes 56% and 4I% respectively would not be subject to
18 any restrictive measures.
18 However, the military operations and the defense programmes undertaken
19 in the past fifteen months have introduced now uncertainties into the world
20 oc. nuic situation which inevitably had repercussions n International trade.
21 Rearmament in some countries may mean pressure on export trades and a threat
22 to their ability to maintain their earnings of foreign exchange. The degree
23 of success achieved by countries in combatting inflation will have important
24 repercussions on their external positions.
25 (ii) The Sterling Area
26 The fortunes of the countries participating in the sterling pools in
27 struggling with their shortage of hard currencies, have fluctuated sharply
28 through the past five years. Although production and export trade advanced
29 encouragingly, the gold and dollar reserves of the sterling area which are
30 held In theUninted Kingdom fell in the three years. 1947-49, from $2696 million
31 to $1688 million. In July of 1949 the Commonwealth countries of the sterling
area, GATT/CP.6/12
Page 32.
1 which participate in the sterling pool of dollar resources decided to
2 reducece their dollar imports by 25% below the 1948 level in order to stop the
3 severe drain on their gold and exchange reserves.
4 This intensification of restrictions required consultations with the
5 CONTRACTING PARTIES under the provisions of Article XII. These consultations
6 were held in November 1950, by which time there had been considerable
7. improvement in their balance-of-payment position. In accordance with
8 Article XV, the CONTRACTING PARTIES also consulted with the International
9 Monetary Fund. The results of the intensification were examined in the light
10 of subsequent developments, including the devaluation of sterling in
11 September 1949 and the increase in raw material prices in 1950. By that
12 time the gold and dollar reserve had been greatly strengthened, standing
13 at $2756 million at the end of September. In the Course of the consultations
14 several contracting parties with hard currencies contended that the Govern-
15 ments of Australia, Ceylon, New Zealand, Southern Rhodesia and the United
16 Kingdom could begin a cautious, though progressive, relaxation, and the Fund
17 expressed the opinion that such relaxation would be feasible but should be
18 undertaken with due caution having regard to prevailing uncertainties. The
19 five governments, however, were of the opinion that, although the gold and
20 dollar reserves of the sterling area had improved, several adverse factors,
21 of which the full effects would not be felt until 1951, rendered it unwise
22 for them to undertake at that time any commitments for a relaxation of their
23 restrictions. As for India and Pakistan, the CONTRACTINGPARTIES considered,
24 and the Fund concurred with this view, that they could not be expected at
25 that stage to modify their limitation of dollar purchases. GATT/CP.6/12
Page 33.
1 The Union of South Africa, which does not participate in the sterling
2 pool of dollar resources, also experienced payment difficulties. From 1947
3. to 1949 the gold held by the South African Reserve Bank declined from $939
4 million to $128 million. Since the war-time control of imports had been
5 abolished, new restrictions were introduced. Under Article XII:4(a) a
6 contracting party instituting restrictions is required to consult with the
7 CONTRACTING PARTIES as to the nature of its balance-of-payment difficulties,
8 alternative corrective measures, and the effect of the restrictions on the
9 economics of other contracting parties. The consultations with South Africa
10 were held in 1949 when the measures and the methods of restriction were
11 fully discussed with the contracting parties whose trade was likely to be
12 affected. The suggestions made have been taken into account in the
13 development of South Africa's restrictive policy.
14 Since the middle of 1950 there has been some relaxation of the
15 restrictions by a number of the sterling group; many products have been
16 removed from the control lists and the area of discrimination has been cut
17 back, while elsewhere the relaxation has been introduced almost unobserved
18 by means, of a more lenient administration of the licensing requirements.
19 It was evident in the light of the events of 1950 that the reduction of imports
20 introduced the previous year would have to be modified: for some of the
21 Sterling countries a change of policy was rendered possible by the increased
22 earnings of dollars through the rise in the price of primary commodities,
23 while for the United Kingdom an increased expenditure of hard currencies was
24 expected as a result of essential purchases of food and materials. A few
25 examples will illustrate the relaxations which took place: Australia extended
26 the Iist of "easy-currency" countries from which goods might be purchased with-
27 out licence; New Zealand and India made provision for increased purchases
28 from hard-currency countries; South Africa extended the list of products
29 exempt from permit when imported from soft-currency sources and, in fact,
30 75% or the permits issued are valid for importation from any country; and
31 Ceylon announced that from July 1951 there would be no restriction of
32 Imports except for certain types of goods when imported from hard-currency
33 countries, GATT/CP.6/12
Page 32
1 The tendency to be more lenient in the application of restrictions on
2 purchases from the dollar area continued in the early part of 1951, but as
3 the year progressed it became evident that the balance-of-payment situation
4 had grown less favourable and that the time might not be far distant when
again
5 the gold and dolIar reserves of the sterling area would begin/to decline.
6 This possibility was envisaged in July by the British Government when
7 publishing the estimates of the balance of current payments for the second
8 quarter of the year. The reserves of gold and foreign assets had continued
9 to increase in the first half of 1951, but it was stated that, due to the
10 reversal of the price trends for certain raw materials and to the needs of
11 defence production; the dollar earnings of the sterling area would be on a
12 very much lower scale during the last half of the year and the accounts for
13 1951 as a whole would show a serious regression and a reopening of the
14 dollar gape The United Kingdom Government stated in their reply to the
15 questionnaire in August 1951 that essential raw materials wore then being
16 admitted without restriction from any source and that over the year as a
17 whole expenditure on dollar imports was expected to be at least 50% above
18 the 1950 level of $1200 million.
19 The trade balance and the monetary reserves of the contracting parties
20 belonging to the sterling area, for the last four half-year periods, are
21 shown in the following tables. GATT/CP.6/12
Page 35.
Table V - TRADE BALANCES OF STERLING AREA COUNTRIES
(U.S, $ million)
July-Dec .1949 Jan-June 1950 July-Dec.1950 Jan-June 1951
Balance Balance Balance Balance
with USA with USA with USA with USA
Total & Canada Total & Canada Total & Canada Total & Canada
Australia1 -6,2 -27.9 $.138.4 -.2.2 +1 21.0 +16.6 +410.73 +166.43
Ceylon2,5 +26.8 ... +8.8 -28.6 +60.0 +49.2 +34.34 +22.04
India2 -114.7 +58.0 +8.2 +14.9 -10.0 +68.0 +56.14 +2.14
New Zealand -39.1 -16.2 +95.9 +7.9 -24.9 ... ... ...
Pakistan2 -614 ... +55.0 +7.0 +40.6 +3.2 +168.64 ... ,
S, Africa1,5 -220.8 -145.8 -131.1 -70.0 -107.5 -47.7 -123.73 _47.03
U.Kingdom2 -806.5 -550.6 -615.2 -245.9 -358.9 -132.1 -1130.03 -222.33
Source: IMF,
IMF,
International Financial Statistics; January, July and August 1951;
Direction of International Trade, and unpublished data,
1 Imports, f.o.b.
2
Imports, c.i.f.
3 First five months.
4 First four months.
5 Exports cover home-produced goods only, except for Ceylon July-Dec. 1949. GATT/CP.6/12
Page 36.
Table VI - GOLD AND FOREIGN ASSETS OF STERLING AREA COUNTIES1
(US. $ million; end of month or thereabouts)
June December June December June
1949 1949 1950 1950 1951
Australia Gold 88 88 88 87 88 (Jan.)
Foreign Assets 1368 1052 1368 8 1467 ( " )
Ceylon Gold _ _ - -
Foreign Assets 257 196 185 227 250
India Gold 247 247 247 247 247
Foreign Exchange 2503 1735 1738 1752 1801
New Zealand Gold 25 27 28 29 31
Foreign Exchange 327 168 241 217 352
Pakistan Gold 27 27 27 27 27
Foreign Assets 746 484 444 479 577
South Africa Gold 149 328 177 197 210 (May)
Foreign Exchange 18 170 254 279 271 ( " )
United Kingdom Gold and dollars 1651 1688 2422 3300 3867
Non-dollar ex-
change 177 64 115 143 ...
Source: IMF, International financial Statistics,
Ceylon figure for June 1949, from IMF by rrespondence.
December 1950 and August 1951;
correspondence.
1 ooedingsxofafcraofn ecchinge ca sterlitg countrieshother th kingdom,ited. .mgdcs
ai ethe inedare comprised primarily of sterling balances.
Holdings of US. dollars, including private and official balances as well as
U.Se Government short-ierm securitfes, as estimated in the Federal Reserve
Bulletin (March 1951), are as follows: (U.S. $ million; end of year)
United Kingdom
United Kingdom dependences
India
;outh Africa
Lest of Sterling Area, excluding
Ireland and Iceland
1949
574
103
63
6
09
806
1950
662
105
56
46
4
9IL
1 oo The c-wparative freedom from restriction enjoyed by theommerling Camnon-
2 wealth countries in their trade with one another cannot have failed to have
3 some influence upon the channels of trade. The data brought together in
4 Table VII show the extent to which the trade of these countries among them-
5 selves has increased since 1947 and in relation to prewar. GATT/CP.6/12
Page 37.
Table VII TRADE BETWEEN STERLING AREA COUNTRIES 1 -showing
value of made with other countries of the group
and percentages of total trade,
(£ Sterling million)
Exports to the other countries
1938 1947 1948 1949 1950
value % value % Value % Value % Value %
Australia2 64 67 190 59 262 61 279 57 308 51
Ceylon 13 69 38 61 38 55 42 55 50 45
India 55 45 130 44 151 49 176 50 226 56
New Zealand 42 90 84 82 100 79 115 79 129 70
Pakistan ... ... ... .. 33 45 27 42 46 32
Southern Rhodesia 3 70 12 75 165 77 19 79 40 83
Union of S. Africa 15 53 364 41 60 51 66 49 101 46
cited Kingdom 187 40 461 41 678 43 832 47 926 41
U.K. Dependent Terts 53 31 169 42 208 37 238 39 ... ..
Total 442 1120 1546 1794 ...
Percentage in overall
exports of these
countries 46 46 47 49 ..
Imports from other countries
1938 1947 1948 1949 1950
Value % Value % Value % Value % Value5 %
Australia2 50 56 152 57 220 66 286 66 3336 66
Ceylona 93 52 37 53 40 54 41 53 62 71
India 47 41 122 34 180 41 185 43 1947 49
New Zealand 29 65 65 63 82 73 91 75 121 79
Pakistan .. .... ... ... 5 *t* 59 72 47 51 59 47
Southern Rhodesia 7 75 21 64 325 75 45 81 49 83
Union of S. Africa 48 50 934 43 146 41. 162 52 162 53
United Kingdom 258 28 520 29 708 34 806 35 915 35
U.K. Dependent Ter.'s 57 32 179 77 259 41 314 .42 ... *.
Total 511 LL89 1724 ...027
Percentage in overall
imports of these
countries 34 36 42 44
Sources:mmComonwealth Economiommc Cittee: Commonwealth Tradne 949, and 1 and Board of
oTrade: Re-port n, Overseas Trade April 1951; for 1950 (except U.K.), and
1948 Union MFof S. Afroica, I, Directin on Inte.rnational Trade
Owng to lack of data, trade ouf and with Blrm has bee2n excalluded. Annu4j riod
begi1nning July st 5of the year indicated. Including tradd .e4 with Canaa 1946
instead of 1947.7 Converted from values expr.ssed in U.Se dollars, Adjusted to
calendar year orojected frcm 9 months data. GATT/CP.6/12
Page 38.
1 (iii) Western Europe
2 The trade of the countries of Western Europe, both among themselves and
3 in relation to hard currencies, has improved fairly steadily in the six years
4 since the war, and steps have been taken to ease the restrictions on impor-
5 tations, particularly from soft-currency countries. Many of the import
6 quotas allocated in bilateral trade agreements with other soft-currency
7 countries provide for an increased volume of trade, but import programmes
8 for 1951 do not generally envisage an increase in hard-currency purchases.
9 Relaxation has been introduced administratively in the treatment of appli-
10 cations for licences and in the allocation of foreign exchange for overseas
11 purchases but its extent .is inevitably difficult to measure.
12 The most import development in trade policy is the liberalization
13 programme of the Organization for European Economic Cooperation, which was
14 mentioned earlier as one of the group arrangements involving discrimination
15 in the appication of restrictions. In November 1949, quantitative re-
16 strictions were removed from 50% of intra-European trade on private account,
17 on the basis of 1948 trade statistics, for each of the three groups - food
18 and feeding stuffs, raw materials and manufactured goods. This was extended
19 to 60% in July 1950, and the target was raised to 75% in February 1951. In
20 May, agreement was reached upon the consolidation of a list of liberalized
21 products accounting for 60% of intra-European private trade. At the present
22 time four of the contracting parties applying restrictions under Article XII
23 - France, Italy, Sweden and the United Kingdom - have liberalized 75% of their
24 private trade with other members of the organization and have consolidated
25 60%, Denmark and Norway have consolidated at least 60% in the two categories
26 of food and feeding stuffs and raw materials and have consolidated all the
27 measures which they have taken in the category of manufactured goods. GATT/CP.6/12
Page 39.
1 although .their liberalization in this category is below 60%. Austria and
2 Greece have stopped short of the 75% stage and of the 60% consolidation
3 under arrangements for special dispensation. Of the remaining countries,
4 German has been exempted for the moment from enforcing any liberalization
5 measures, Turkey is at present exempted from the 75% stage, and the Nether-
6 lands have not yet achieved 75% and their case is being examined at the
7 moment by the Organization. Neither Turkey nor the Netherlands has sent
a in any notification with regard to the consolidation of 60%.The most
9 recent development in the O.E.E.C. programme was the acceptance in August
10 1951 of a short "common List" of products, principally textiles and textile
11 machinery, from which quantitative restrictions have been removed by all
12 countries.
13 The removal of restrictions under the O.E.E.C. programme does not
14 necessarilyresult in the withdrawal of all licensing requirements. Licences
15 for imporation may still be required though they should bo issued automa-
16 tically. Alternatively, the system of individual applications maybe
17 replaced by the issue of "open general licences" which are valid for imports
18 of certain categories of goods from specified countries or currency areas
19 including all members of the Organization. Insofar as formalities or
20 delays continue to impede the flow of trade, the removal of restrictions is
21 incomlete.
22 It has been found by the members of the European group that the
23 difficulties in the way of the removal of quantitative restrictions are
24 closely bound up with the inconvertibility of currencies. The liberalization
25 programme has been dependent throughout upon the satisfactory conclusion of
26 arrangements for the clearing of accounts and for the convertibility of GATT/CP.6/12.
Page 40.
1 the currencies of the participating countries. In fact, the step from the
2 50 to the 60 per cent. stage was dependent upon the establishment of the
3 European Payments Union; importation without licence within Europe could
4 not be restored, in prevailing circumstances, unless the earnings for exports
5 could be freely converted into other currencies of the group. Further, some
6 nombers of the Organizaation maintained that the existence of high tariff
7 duties, whose significance would be enhanced with the removal of restrictions,
8 constituted another series obstacle to the liberalization programme. The
9 low-tariff countries insisted that their customs duties were well below the
10 average level of European rates and that any further removal of restrictions
11 would be difficult unless greater uniformity in the tariffs of Europe were
12 achieved.
13 In the first stage of liberalization most members of the Organization
14 excluded the hard-currency members from the benefits of the removal of
15 restrictions, but the establishment of the European Payments Union in July
16 1950 enabled them to eliminate this discrimination. Further, they have
17 extended the liberalization to imports from the dependent territories of
18 other members and also to some soft-currency countries, as follows:
Countries and currency areas, other than the territories of
OEEC members,to which the liberalization has been extended
Austria
Denmark
France
Germany
Greece
Italy
Netherlands
Norway
Sweden
Turkey
United kingdom. GATT/CP.6/12
Page 41
1 From 1947 to 1950 the overall trade deficit of O.E.E.C. countries
2 (including trade among themselves and with their overseas territories)
3 declined from $6.6 billion to $2.3 billion and the deficit with the U.S.
4 and Canada declined from $6 billion to $2.2 billion. Individual differences
5 between countries are, of course, pronounced and it is mainly the larger
6 industrial exporting countries (especially France, Italy, Sweden and the
7 United Kingdom) which account for the major part of the improvement. On
8 the other hand, imports from British dependent territories and non-European
9. Commonwealth countries belonging to the sterling area greatly increased with
10 the result that the continental members of O.E.E.C. acquired large trade
11 deficits in sterling. For some time this would have had the effect of making
12 sterling almost a hard currency for the countries of the continent if it had
13 not been for the facilities of the European Payments Union.
14 The total current account deficit of the O.E.E.C. countries, including
15 the United Kingdom, was nearly $8 billion in 1947 and this was reduced to loss
16 than $1 billion in 1950. The reduction in the dollar gap was of similar
17 proportions. This great improvement was due to the much greater rise in
18 exports than in imports and to the transformation of the deficit of $1.5
19 billion on invisible items to a surplus in excess of $1 billion. The
20 improvement in the trade balance since the devaluation of currencies and
21 the removal of quantitative restrictions from large sectors of intra-European
22 trade, both overall and with the United States and Canada, may be seen in
23 Table VIII. The relief of strain on the means of payment has made possible
24 a sizeable increase in the holdings of gold and hard-currency assets which
25 for ten contracting parties in the O.E.E.C. advanced from $2.7 billion at the
26 end of June 1949 to [$3.6] billion at the end of June 1951. The improvement
27 in the trade balance and monetary reserves would be even more impressive if
28 the United Kingdom were included in the following tables. GATT/CP.6/12
Page 42.
Table VIII - TRADE BALANCES OF CONTINENTAL CONTRACTING PARTIES
(U.S. $ million)
July-Dec. 1949 Jan-June 1950 July-Dec. 1950 Jan-June 1951
Balance Balance Balance Balance
with USA with USA with USA with USA
Total & Canada Total & Canada Total & Canada Total & Canada
Austria -150.8 -77.7 -125.7 -75.2 -31.2 -30.4 -110.5 -63.6
Denmark -23.1 -40.8 -112.2 -36.1 -84.9 -24 .7 -113.9 -42.2
France -218.2 -204.7 -193.5 -174.7 +193.2 -86.6 -87.8 -108.6
Germany. -610.0 -395.0 -342.3 -178.9 -381.0 -131.5 -93.2 -189.6
Greece -181.3 -91.6 -102.7 -79-.6 -152.4 -45.7 -138.6 -58.7
Italy -119.0 -186 1 -184.5 -170.2 -58.8 -90.2 -280.8 -145.2
Norway -182.2 -42.5 -178.8 -30.8 -106.2 -24.2 -142.9 -37.7
Netherlands -176.7 -109.7 -374.7 -120.1 -273.0 -59.0 -444.9 -88.5
Sweden +8.3 -5.8 -37.8 -23.1 -37.2 -13.2 -112.0 -24.8
Turkey -8.5 -10.1 -21.6 -23.5 -0.6 -.4 -17.3 +22.4
Source: OEEC, ForeignTrade Statistical Bulletin, June 1951; for 1951, from
OEEC by correspondence,
1 Jan-March only,
Table IX - GOLD AND FOREIGN ASSETS OF CONTINENTAL CONTRACTING PARTIES
(U.S. % million; end of month)
June December June December June
1949 1949 1950 1950 1951
Austria 18 19 21 . . ...
Denmark 98 105 104 114 106
France 552 700 856 986 1009
Germany 2 1703 149 228 222 266 (Apr.)
Greece 33 36 44 36 41 (Apr.)
Italy 775 893 898 875 755 (Apr.)
Norway 177 137 146 159 195
Netherlands 420 469 593 643 602
Sweden 293 320 347 352 375
Turkey 203 203 187 214 210
2739 3031 3424 36015 35595
Source: IMF, International financial Statistics, December 1950 and August 1951.
1 2 3
Assets held by the Banque de France, U.S. dollars only, 31st July 1949.
4Gold and U.S. dollars only. 5Not including Austria. GATT/CP.6/12
Page 43.
1 The liberalization of trade by the membersof the OEEC has stimulated
2 the interchange of goods among them. Between 1947 and 1950 intra-European
3 trade (exports) rose from $6 billion to $9.7 billion, or by more than 50%,
4 From Table X it will be seen that the trade between members of the Organization
5 has increased somewhat more rapidly than their total trade, and that
6 the share of exports with destinations in Western Europe has almost returned
7 to what it was before the war. With the decline in aid under the Recovery
8 Programme, Europe shows a decreasing dependence upon imports from the United
9 States.
Table X - TRADE BETWEEN OEEC COUNTRIES
(U.S. $ million)
1938 1946 1947 1948 1949 1950
1. Trade between OEEC
countries (exports) 4,607 3,946 5,975 7,596 8,657 9,737
2. Total exports of
OEEC countries 9,115 8,522 12,982 16,770 18,763 19,691
3. Trade between OEEC
entries (exports)
as percentage of their
total exports (1 as
%of 2) 51 46 46 45 46 49
Sources O.E.E.C. Foreign Trade Statistical Bulletin, June 1951.
10 (iv) Latin America and Other Areas
11 At the end of the war most of the countries of Latin America had a
12 favourable balance of current payments. Earnings of foreign currency as
13 from the export of primary products had been higher than usual . and tne trade
14 surplus was further enlarged by the involuntary r eduction of imports caused Page 44. GATT/CP.6/12
1 by the world-wide scarcity of consumer goods. In the first postwar years
2 these trends were reversed. The pent-up demandfor consumer goods brought
3 a flood of imports while the export of raw materials tended to decline. In
4 addition, many governments embarked upon schemes of economic development
5 involving an expenditure of hard currencies for capital goods. These
6 pressures on the balance of payments soon led to a decline in the monetary
7 reserves and to the increased use of restrictions.
8 The countries of Latin America have generally had an import surplus in
9 trade with the United States but have sold more to European. countries than
10 has been bought from them. Dollar payments caused no difficulty so long as
1 1 European currencies were convertible into dollars. But with the growth of
12 import and exchange restrictions in Europe the latin American countries
13 attempted to maintain their export trade by means of bilateral agreements,
14 and because their earnings were usually inconvertible they had to cut their
15 dollar perchases. Their monetary reserves reached a low point in 1949.
16 In that year Chile experienced new difficulties through the fall in the price
17 of copper and the Government decided to intensify its restrictions on dollar
18 imports. The consultations with the CONTRACTING PARTIES, under the
19 provisions of Article XII:4(b), were held in November 1950, when it was
20 generally agreed that it would not be appropriate for Chile to undertake at
23. that tine any general relaxation of its restrictions on imports from the
22 dollar area.
23 The more recent improvement in the balance of current payments and the
24 strengthened monetary reserves, which came with devaluation, rear mament and
25 rising commodity prices, have enabled some of the countries of Latin America
26 to relax their restrictions on imports. Brazil and Chile have extended
27 their lists of foreign products for which import licenses are not required. ATT/Cp.6/12 X?~~~~~~~~~GTTCP,,6!, 2
Page 45.
1 Uruguay, whose holdings of gold and foreign exchange stand higher than at
2 any previous time, has also eased the control of importation from hard and
u soft currency countries. Pera, as mentioned earlier in this Report, removed
4 all remaining balance-of-payment import restrictions in january 1951.
5 Indonesia and the Philippines (two other contracting parties whosc action
6 under Article XII has been under review) have had a similar post-war experience
7 although their position at the close of the war was fundamentally different.
8 Their monetary reserves began to decline in 1947-48 and reached a low point
9 in 1949. In the past two years, however, the greatly increased prices for
10 rubber and other raw materials have brought an improvement in their trade
11 position and the statistics for 1950 show that their trade deficits have been
12 largely dissipated.
13 la The followies tables ures fhe l!test estiratts and fig=-'s Tor the
14 ervesce of trade and moneAmericancrvun ofethe three Latin olnric.n cotntrics,
15 Indonesia and the Philippines:
IL, CHILE, URUGUAY, INDONESIAF EPUZILHITZ : 1,TbUGU.-Z, fl1O1
UND THE PHILIPPINES
euly-Dec. n-Junen.-Juno July-Dcc. JaTim;
1949 1950 19r 1951
Braznl
(1ruzeiros billion) -0.061 1.3.5 3.47 wt~
Chile
(%U.Sanillion) . -34O 3.00 30,00 26.00
Uruguay
(UWS.million) 2.604 18.10 42.20 2,.101
Indonesia
(:Ip.ah million) . -143110 002 390C00 832 00 ll38.CO
Philippines
(pesos million) . -275.00 -100.00 90,00 67.00
Source I' IOctteenational Financ:a'. Statistics, 0c~obcr 1950, July and
1'irst four months August 1951.
2'irst fire months GATT/CP.6/12
Page 46.
Table XII - GOLD & FOREIGN EXCHANGE HOLDINGS OF BRAZIL, GHILE,
URUGUAY, INDONESIA AND THE PHILIPPINES
(Ex Foreign Exchange, U.S. $ million ; end of month
Dec. June Dec. June
1949 1950 1950 1951
- Gold 317 317 317 317 (May)
Brazil - Ex. 433 306 407
Chile - Gold 39 9 40.2 40.3 45.2
- Ex. 7.5 10.9 174 13.5
Uruguay - Gold 178 189 236 293 (May)
- Ex. 38 50 76 64
Indonesia - Gold 178 178 208 229
- Ex. ... ... .... ...
- Gold 1 2 3 4 (Mar.)
Philippines - Ex. 282 278 356 390
Source: IMF International Financial Statistics August 1951
(v) Effects on Development of World Trade
Since one of the objectives of the contracting parties in adhering
to the General Agreement is to conduct their relations in the field of
trade so as to ensure an expending production and exchange of goods, GATT/CP.6/12
Page 47.
it may be useful to take stock at this time of the progress made
since the end of the war. The development of world trade and production,
as set out in Table XIII, shows that the volume of trade between
nations is now substantially higher than before the war, but has
failed to keep pace with the output of manufactures.
Table XI - POST-WAR DEVELOPMENT OF WORLD TRADE ANDPRODUCTION
1929 1937 1946 1947 1948 1949 1950
Quantum Index 1
of World Exports ... 100 79 95 99 108 1l23
1937 - 100
World Index of
Manufacturing ..2 100 107 121 135 14 0 1564
and Mining..
1937 - 100
Source:U.N. Monthly Bulletin of Statistics, July 1951.
U.N. Statistical Yearbook, 1949-50.
arm of World Trade Statistics.. .Tarpay 1951.
'DiE aonoic Survey. 1219m1939 by W. Lewis provides the followng
Index figure for 1929 (1937 being 100): for trade in foodstuffs, 107
for trade in raw materials, 93
and for trade in maufaaotures, 115
2
1wis gives total world production for 1929 as follows, 1937 being 100:
world production of foodstuffst 93
II ra~~w materials, 86
and n nmxfactures, 83
3pirst six months.
4First min months. GATT/CP.6/12
Page 48.
1 In Table XIV, imports into several soft-and hard-currency countries are
2 compared by volume and value. In addition the table shows the importance of
3 imports in relation to national income, revealing an upward trend from
4 prewar,
Table XIV - INDEX OF IMPORT OF FIVE COUNTRIES IN 1948 AND 1950
AND THEIR RELATION TO NATIONAL INCOME
(1938 = 100)
France:
United Kingdom:
1938
1948
1950
1938
1948
1950
On the basis of
volume (quantum
index)
100
98
110
109
119
On the basis
of
value
100
1,330
2,330
100
226
284
Belgium: 1938 100
1948 107
1950 112
Canada: 1938 100
1948 182
1950 185
United States: 1938 100
1948 150
1930 178
Source: U.N. Monthly Bulletin of Statistics, July
U.N. Statistical Yearbook,1949-50.
100
380
423
100
473
100
365
450
1951.
As % of
national
incane
12.5
11.7
145
19.0
20.7
23.3
35.3
39.5
36.8
16.7
21.2
22.2
2.9
3.2
3.7 GATT/CP.6/12
Page 49
1 Though it is impossible to estimate the precise effects of the
2 restrictions employed, there can be no doubt that they have in general
3 served the purpose of curtailing imports of non-essentials from hard-
4 currency countries during the period of postwar recovery while industrial
5 and agricultural production was boing restored, export trades rebuilt and
6 other means of earning hard currency, such as transport and tourist
7 services revived.
8 Imports which have had to be paid for in hard currency have frequently
9 been limited to the materials and finished products commading high
10 priority in recovery and reconstruction programres. And it must be re-
11 cognized that the restrictions imposed under Article XII have affected the
12 recovery of overseas markets for hard-currency countries for many non-
13 essential rmanufactured articles which were exported before the war in
14. substantial quantities. The development of these markets may now be a
15 long and difficult process, despite the efforts made by the restricting
16 countries to avoid unnecessary damage to the interests of others.
17 The figures of total exports of hard-currency countries do not show
18 clearly the influence of the restrictions though this would be apparent
19 in a nore intimate analysis, product by product. Even if the needs of
20 reconstruction, development, employment and other plans have kept the total
21 imports at a high level in spite of restrictions, the selection made
22 between permissible, restricted and prohibited imports has distorted the
23 normal composition of trade. The division of goods into "essential" and
24 "non-essential" and the detailed schemes of priorities have affected many
25 branches of export industries, particularly manufactures, far more severely
26 than appears from the total figures of - The general trends of trade,
27 though not the effects on particular products, are shown in Tables XV to
28 XVII. GATT/CP.6/l2
Page 50.
Table XV -QUANTUM INDEX OF EXPORTS OF FIVE HARD-CURRENCY
COUNTRIES
(1937 - 100)
19301 11937 1946 1947 1948 1949 1950
U.S.. 104 100 191 2554 198 203 179
Canada ... 100 154 161 164 154 154
Belgium 105 1002 74 91 98 105
Switzerland 99 1002 101 115 126 125 142
Cuba ... 1003 131 162 167 143 150
Sources: 1930: Industrialization and Foreign Trade, L.O.N.
1937-50: U.N. Monthly Billetin of Statistics, July 1951
U.N. Statistical Yearbook, 1949-50 and
U.N. Summary of World Trade Statistics, January 1951
1 Exports of manufactured articles only, on basis of 1936-38 - 100.
2 Base :1938 - 100.
3Base 1935-39 - 100.
4Biginning 1947 including Civilian supplies by by U.Army. .
Table XVI - TOTAL EXPOROS 0F FIVARD-CURRENCENCO CTRIESS
U.S. $ million)
1929 1937 1946 1947 1948 1949 1950 g~~~~~~~~~~~~~g=~~~191
__ -.i1oz9,1950
ToKa =z~o~a o~t R ~ ________
...7.n. 7 ; ' ! .... . -; yo.. ;)..;07g9z>159 ........... 16;33S
g Mited S~tate
Sources: 1929: Statisticl Yearboo't, L.O.N.
1937-1950: U.N. Mo Blsletin, July 1951 and
U.N. Statistical Yarbook- 194-50.
Table XVII - MEPRTS OF FIE HARD-CURREMCYC0INMIES
AS PERC M-TTAM3TOL WORID EXPT
1929 1937 1946 1947 1948 1949 1950
U.SS. 15.6 340 30.0 32.0 23.5 22.0 18.2
Cano 3.6 4.2 6.9 5.9 5.8 5.4 5.1
Belgiu 2.7 3.6 2.1 3.0 3.1 3.2 2.9
Switserland 1.2 12 1.9 1.6 1.5 1.5 1.6
Cuba 0.8 0.8 1.5 1.6 1.3 1.1 1.1
Total 23.9 23.8 42.4 44.1 35.2 33.2 28.9
tuces. l?9 L.0'-Y St -earbooks,
1937-50s.N,, .N. tinofStst c July1951.
U.N., 8 IticaY 1C)49o50. GATT/CP.6/12
Page 51.
1 Under Article XII governments are required, in the application of their
2 balance-of-payment restrictions, to avoid if possible all unnecessary damage
3 to the commercial and economic interests of other contracting parties and to
4 allow the importation of goods in minimum commercial quantities if regular
5 channels of trade would otherwise be impaired. Several contracting parties
6 have taken special steps in an endeavour to fulfil these undertakings, in
7 some instances by admitting small quantities of unlicensed imports or by
8 granting foreign exchange for imports in excess of the fixed quotas or for
9 non-quotaed products. Bilateral trade agreements usually include a quota
10 for "miscellaneous" or "other" items which would otherwise be excluded. The
11 French and Netherlands Governments in some circumstances allow importers to
12 retain 10 to 15% of the proceeds for exports to certain hard-currency count
13 tries and this can be used for unlicensed importation.
14 An outstanding measure introduced with this objective in view is the
15 system of token imports used by two or three contracting parties whereby they
16 permit the importation of fixed quantities of certain articles which would
17 otherwise be prohibited, so that the market for then will not be entirely
18 lost as a consequence of the restrictions. The United Kingdom plan of token
19 imports is the most important example: it benefits principally the United
20 States and Canadian manufacturers of branded goods which had wide sale in the
21 United Kingdom before the war. For 1951 the annual quota was advanced from
22 20 to 40% by value of each manufacturer's average annual trade in 1936-38.
23 The system maintained by the Government of New Zealand ensures the issue of
24 licences for a wide range of United Kingdom manufactures up to 20% of imports
25 in 1938.
26 Although contracting parties have taken measures to mitigate the effects
27 of their restrictions on the trade of others, it must be recognized that GATT/CP.6/12
Page 52
1 import controls are bound to affect seriously the normal conduct of trade.
2 Administrative formalities are onerous and tire-consuming; the allocation of
3 licenses cannot avoid an element of arbitrariness; and there is not much
4 incentive for importers to compete for a share of the market when the licenses
5 are distributed according to a more or less automatic formula and newcomers
6 are at a disadvantage, whatever their efficiency may be. Moreover, external
7 markets are relatively insecure, or at best limited, and exporters are
8 reluctant to spend foreign exchange to develop new outlets when the future
9 is so uncertain. Industries are more inclined to satisfy the increased
10 demands of the domestic market where they are effectively protected, if only
11 by temporary restrictions imposed for financial reasons, than to face com-
12 petition in other markets. And exporters have a natural tendency, insuf-
13 ficiently corrected br governmental action, to neglect sales in hard-currency
14 markets and to find their way to "soft" markets where competition is less
15 aggressive as a result of bilateral bargaining or privileged conditions.
16 Thus trade settles down to an unenterprising way of life which resists any
17 change requiring a more vigorous pursuit of opportunities.
18 As for the restrictions on imports front other soft-currency countries,
19 it would be even more difficult to estimate the effects. The restriction of
20 imports by one country may impede the recovery of others. Thus restriction
21 breeds restriction. A government which finds that its earnings of other soft
22 currencies are being reduced most usually cuts down its own expenditure,either
23 in those sane countries or elsewhere. The bilateral arrangements for the
24 allocation of quotas may have served to promote trade, but greater progress
25 might be achieved if a number of countries acted in unison or, better still,
26 if world-wide action could be secured. GATT/CP.6/12
Page 53
5. PROSPECTS FOR THE REMOVAL OF RESTRICTIONS
1 It is naturally impossible for the CONTRACTING PARTIES to predict the
2 future trends of trade or political events which will influence the course
3 of world commerce or to indicate when the import restrictions applied as a
4 safeguard for balances of payments are likely to be abolished. However,
5 there are several considerations which have an obvious bearing upon the
6 maintenance of these restrictions and upon their discriminatory application
7 against certain countries of supply. First, the events of this past year
8 have added greatly to the uncertainties of the future. And, secondly,
9 there are substantial obstacles to the removal of restrictions - principally
10 the inevitable resistance to change. Before concluding this review, these
11 considerations should be recorded in the light of the obligations of the
12 CONTRACTING PARTIES under the provisions of the Agreement to take more
13 positive action, commencing in 1952.
14 (i) Consultations on the continuance of-Discrimination
15 The use of discriminatory import restrictions under the General
16 Agreement, to safeguard the external financial position and balance of
17 payments, is closely associated with the provision in Article XIV of the
18 Articles of Agreement of the International Monetary Fund whereby members
19 may, under certain circumstances, maintain restrictions on payments and
20 transfers for current international transactions in the post-war transitional
21 period. Moreover, the Fund's Articles and the General Agreement contain
22 related provisions governing the eventual abandonment of these restrictive
23 measures. Article XIV of the Fund's Articles of Agreement states: "Five
24 years after the date on which the Fund begins operations, and in each year GATT/CP.6/12
Page 54.
1 thereafter, any member still retaining any restrictions inconsistent with
2 Article VIII, Sections 2, 3 or 4, shall consult the Fund annually as to
3 their further retention. The five-year period ends in March 1952.
4 Supervision of exchange restrictions by the Fund involves, in effect,
5 a determination by the Fund concerning the discriminatory application of
6 some of the import restrictions under Article XIV of the General Agreement,
7 for the deviations from the rule of non-discrimination permitted by Article
8 XIV:1(b) are those which have an equivalent effect to exchange restrictions
9 which the governments concerned may apply as Fund members. Thus the continu-
10 ance of discrimination in the application of some of the balance-of-payment
11 restrictions by [seven] of the contracting parties is dependent, especially
12 after March 1952, upon action by the Fund in the closely-related field of
13 exchange restrictions.
14 But that covers only a part of the restrictions applied under the
15 Havana option, for, in addition, contracting parties which are governed by
16 Article XIV:1(b) and (c) are entitled under paragraph 1(c) to continue to
17 discriminate as they were doing on 1 March 1948, even though such dis-
l8 crimination would not be authorized under paragraph 1(b). Further, as
19 explained earlier, those contracting parties which elected to be governed
20 by the Geneva option are entitled to discriminate in accordance with the
1 According to the Fund's Second Annual Report on Exchange Restrictions,
these consultations will cover "such matters as the adjustment of existing
restrictive systems to the changed conditions, the removal and relaxation
of restrictions, and the working out of measures necessary to overcome the
financial obstacles to relaxation...." GATT/CP.6/12
Page 55.
1 provisions of Annex J. Contracting parties discriminating under paragraph
2 1(c) or under Annex J are required to consult annually with the CONTRCTING
3 PARTIES who may recommend the termination of any particular deviation
4 from the provisions of Article XIII or the general abandonment of deviations.
5 Thus the whole practice of discrimination under Article XIV will come under
6 annual consultations with the Fund or the CONTRACTING PARTIES commencing
7 in March 1952.
8 Since discrimination among countries of supply is in almost all cases
9 an essential element in the policy of restriction, these consultations will
10 go to the very heart of the present action of contracting parties under
11 Article XII. Import restrictions to safeguard the balance of payments may not
12 always be applied in a discriminatory manner, but discrimination is
13 almost inevitable when many currencies are inconvertible. It cannot be
14 assumed, however, that the end of discrimination will bring an end to the
15 restrictions themselves - that when the distinction between hard and soft
16 currencies disappears there will be no further need for limitation of
17 imports. Even if a country has no shortage of any erstwhile "hard" currency
18 and has attained an equilibrium in its balance of payments which, it is
19 expected, can be maintained when restrictions are removed, and even if all
20 currencies are convertible, it may still be necessary to restrict importa-
21 tion in order to maintain a surplus and to build up its monetary reserves.
1 Australia, Finland, France, India, Italy, Netherlands and Norway are
discriminating under paragraphs 1b) and (c), Denmark, Germany and New
Zealand under 1(c) and Ceylon, Southern Rhodesia, South Africa and the
United Kingdom under Annex J. The Government of the Philippines stated
in reply to the questionnaire that their "restrictions are non-discriminatory
and are administered in accordance with Article XIII". GATT/CF.6/12
Page 56.
1. Under paragraph 2 of Article XII a contracting party which has very low
2 monetary reserves may maintain import restrictions in order to achieve
3 a reasonable rate of increase in its reserves, and under Article XV the
4. CONTRACTING PARTIES are required to accept the determination of the
5 International Monetary Fund as to what constitutes a "very low level"
6 and a "reasonable rate of increase".
7 The need for a judgment of the adequacy of a country's monetary reserves
8 may arise under paragraph 4(d) of Article XII. This paragraph provides that
9 a contracting party which considers that another contracting party is
10 applying restrictions inconsistently with the provisions of paragraph 2 may
11 bring the matter for discussion to the CONTRACTING PARTIES who, if they find
12 evidence of injury to trade and that the charge of inconsistency is sustained,
13 may recommend the withdrawal or modification of the restrictions. If the
14 restrictions are not so withdrawn or modified within sixty days, contracting
15 parties may be released from specified obligations under the General
16 Agreement towards the contracting party applying the restrictions. This is
17 the procedure to which contracting parties may have recourse if they consider
18 that their trade is injured by restrictions which are not justified under
19 the Article XII exception to the general rule for the elimination of
20 quantitative restrictions. This is the sanction against abuse of the
21 privileges accorded by Article XII.
22 (ii) Obstacles to Relaxationo .l=-.=tion
23 Restriction of imports, whatever its purpose, inevitably has the effect
24 of protecting the domestic producetingon of compti products and of
25 substitutes. The mdertmand fgoodor ipoed sexceeds mthe restriced as a rule o - :., GATT/CP.6/12
Page 57.
1 supply and internal control measures may not prevent this disequilibrium
2 from driving up the prices of imported goods. Moreover, the domestic produ-
3 cers of like products have no incentive to lower their prices in the absence
4 of foreign competition, and domestic production, especially of non-essentials,
5 is increased through the participation of extra-marginal producers. The
6 longer the restrictions are in force the greater is the danger that the
7 disturbance they cause in the structure of production and prices will
8 harden and crystallize. This results in difficulties when the restrictions
9 are to be eliminated. The restrictions applied under the provisions of
10 Article XII are now of such long standing that there will be many such
11 obstacles to their removal.
12 It is not only the restricted supply of imports, below the level they
13 would otherwise attain, which protects domestic industry. Protection is
14 afforded also by the physical difficulties of obtaining that restricted
15 supply. Intending importers must comply with the formalities of applying for
16 licences and must await the result before confirming their orders. There-
17 fore, demand must be anticipated that much more in advance. These formalities
18 and delays add to the cost of importation and constitute important elements
19 of protection for competing products produced within any country which
20 restricts imports.
21 This problem of protection was discussed by the CONTRACTING PARTIES at
22 their Fourth Session in March 1950, and methods by which governments could
23 minimise the incidental protective effects were examined. It was found that
24 several contracting parties had taken steps to discourage the establishment
25 and growth of vested interests which might exercise their influence to secure
26 the maintenance of the restrictions beyond the period when restrictive GATT/CP.6/12
Page 58
1 measures to safeguard the balance of payments could be justified in terms of
2 the Agreement. The CONTRACTING PARTIES concluded that the governments
3 applying restrictions should endeavour, in their own interests and in the
4 spirit of the Agreement, to prepare domestic industries for the time when
5 import restrictions would be relaxed and, finally, removed. They recommended
6 in particular the following methods whereby the "undesirable incidental
7 protective effects" could be minimised:
8 "(a) Avoiding encouragement of investment in enterprises which
9 could not survive without this type of protection beyond the period in
10 which quantitative restrictions may be legitimately maintained;
11 "(b) Finding frequent opportunities to impress upon producers
12 who are protected by balance-of-payment restrictions the fact that
13 these restrictions are not permanent and will not be maintained
14 beyond the period of balance-of-payment difficulties;
15 "(c) Administering balance-of-payment restrictions on a flexible
16 basis and adjusting then to changing circumstances, thereby impressing
17 upon the protected industries the impermanent character of the
18 protection afforded by the restrictions;
19 "(d) Allowing the importation of "token" amounts of products,
20 which otherwise would be excluded on balance-of-payment grounds,
21 in order to expose domestic producers of like commodities to at least
22 some foreign competition and to keep such producers constantly aware of
23 the need ultimately to be prepared to meet foreign competition;
24 "(e) Avoiding, as far as balance-of-payment and technical considera-
25 tions permit, the allocation of quotas among supplying countries in
26 favour of general licences unrestricted in amount or unallocated quotas
27 applying non-discriminatorily to as many countries as possible; and
28 "(f) Avoiding as far as possible narrow classifications and
29 restrictive definitions of products eligible to enter under quotas."
30 In their replies to the questionnaire which was addressed to con-
31 tracting parties to provide a basis for this review, governments were
32 asked to describe the action they have taken in implementing the above
33 recommendations. From the statements received it is evident that several
34 governments have made a sincere effort to impress upon their producers that GATT/CP.6/12
Page 59
1 the protection which they have enjoyed incidentally as a result of the
2 quantitative restrictions imposed for financial reasons is of a temporary
3 nature and that in due course they will be expected to compete in a more
4 open market. Nevertheless there remains much to be done by individual
5 contracting parties in anticipating the obstacles which they are likely
6 to encounter when they come to remove the restrictions and in taking
7 action now to avoid difficulties in the future.
8 Other obstacles to the removal of restrictions, which may be as great
9 as the incidental protection afforded to domestic production, may be found
10 within the machinery of government itself. The economic activities of
11 governments, including the technique of commercial policy, are now adjusted
12 to the existence of import restrictions and a sharp change in the official
13 approach to many problems will be required when they are removed. Govern-
14 ments, as well as private producers, have plans for development of new or
15 growing industries which may appear to involve measures of protection, and
16 some will be tempted to argue that it would be less difficult and perhaps.
17 more effective if the restrictions now enforced could be retained instead
18 of having to grant whatever protection is to be afforded through the customs
19 tariff and by other means permitted under the General Agreement.
M-1- - - |
GATT Library | xt117hh6345 | Report on import restrictions applied under article XII : Revision of chapter 1. Introduction | General Agreement on Tariffs and Trade, October 13, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 13/10/1951 | official documents | GATT/CP.6/12/Rev.1 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/xt117hh6345 | xt117hh6345_90070328.xml | GATT_140 | 1,537 | 10,177 | RESTRICTED
GENERAL AGREEMENT ON SPECIAL DISTRIBUTION GATT/CP.6/12/Rev.12SM10N
TARIFFS AND TRADE 13 October 1951
RIGINAL:ENGLISH
COTINRACTG PARTIES
Sixth Session
RTTREPON IMPORT RESTRICTIONS APPLIED ERUNDM
ALERTIC XII
RESION OF CHAPTER. 1* NTRODUCTION
1 Most of the quantitative restrictions applied by governments today are
2 a legacy of two world wars and of the economic crises they have brought in
3 their train. The strict control of trade exercised by most countries during
4 the war of 1491-18 was relaxed soon after the conclusion of hostilities.
5 Most of the quantitative restrictions which were not then eliminated had
6 disappeared by the end of the 1920's following the reestablishment of the gold
7 standard and the large-scale international lending which created at least a
semblance of equilibrium in international economic relations. No doubt the
9 few remaining instances would also have been abolished had the period of
10 prosperity been prolonge.d
1 A change came with the onset of economic depression in 1930. Among the
12 trade restrictive measures used in the early 30's were increased tariff rates,
13 bilateral trade agreements, preferential arrangements and quantitative import
14 restrictions. By the time the halting recovery from the depth of the depression
15 began in 1933, the attitude to restrictions was fundamentally different from
16 that of earlier years when such measures were generally regarded as temporary
17 expedients. The "planning" of foreign trade came to be more and more widely
18 accepted as a normal function of government, and the weapons which had been
19 forged for an emergency defence of balances of payments, currencies, prices or
20 production were pressed into service as permanent elements of trade regulation.
21 Bilateral balancing of trade was accepted by many countries as a natural
1 The terms "quantitative restrictions" and "import restrictions" used in this Report
are meant to include only those quantitative restrictions on imports as defined in
Article XII which provides that a contracting party, in order to safeguard its
external financial position and balance of payments, may restrict the quantity or
value of merchandise permitted to be imported. GATT/CP.6/12/Rev.1
Page.2 .......
1 objoective of cmmercial policy. Restrictions were considere tod essential the
2 programmes of national veconomic deelopment and the advancement of self-
3 sufficiency, especially in the totalitarian countries. Thus the use of
4 restrictions in the inter-war period was widely extended as a supplementary
5 means of protecting national agriculture and industry and even as a weapon of
6 economic warfare, Nesomvertheless e progress had been made in relaxing these
7 restrn, ictions whewith the outbreak of a second world war, they gave way to a
8 more complete contr.ol of trade
9 After th,e war en,dmed in 194e5 any of th restrictions in force were
0 adapted to meet the exigencies of thesituation poost-owar siat:lon. Mstt f the belligeren
11 countries were badly in need of consumer and capitadl goods which coul be
2 om obtained only fra countries whose productive capacity had been less directly
3 affected by the war. But the low post-war level of monetary reserves and the
14 reduced earnings of foreign .exhange, combined with the general inconvertibility
15 of currencies had deprived them of the means of payment, and therefore they
16 maintained a strict control of importation to ensure that their limited
17 resources would be devoted to the needs commanding h.igh priority The import
18 controls and restrictions were to be retained until export industries and other
19 sources of foreign exchange could once more finance both essential and non-
20 essential purchases as well as other current obligations.
21 When the General Agreement on Tariffs and Trade was drawn up in 1947,
22most of the governments which are now contracting parties were employing import
23 restrictions for. thee, puroses. Nevertheless they accepted the general rule
24 that imports from the territories of contracting parties should not be
25 prohibited and should not be controlled by means of restrictions other than
26 duties, taxes and other charges. This undertaking, which is contained in
27 Article XIh of te Agreement, relates to all quantitative controls whether made
28 effective through quotas, licences or other measures, and precludes the use
29 of restrictions for many of the purposes for which they had been imposed in the
30 decade before the war. Under the General Agreement protection is not to be
31 accorded to domestic industry by means of the quantitative restricion of
im32por.ts:
, , . ' * . . ,, , : GATT/CP. 6/12/Rev.1
Page 3
1. The Agreement provides exceptions for the use of restrictions in certain
2 circumstances and under defined conditions. With the approval of the
3 CONTRACTING PARTIES restrictions may be imposed temporarily to promote
4 economic development or reconstruction, but the most important of the
5 exceptions is that contained in Article XII which allows a contracting party
6 to restrict imports, either by quantity or by value, in order to safeguard
7 its external financial position and balance of payments. Imports may be
8 restricted to the extent necessary to forestall an imminent threat of, or to
9 stop, a serious decline in monetary reserves or to increase reserves which have
10 fallen to a very low level. It was expected when these provisions were inserted
11 in the Agreement that within a few years the world economy would recover from
12 the post war financial disequilibrium sufficiently to allow the restoration
13 of currency convertibility and the removal of most balance-of-payment
14 restrictions. Hence it was stipulated that the CONTRACTING PARTIES should
15 review in 1951 the restrictions still being applied under Article XII. It
16 is this review of the restrictions applied by contracting parties for balance-
17 of-payment reasons that gives rise to the present Report.
18 This Report, however, serves a dual purpose in that it includes the
19 second annual report by the CONTRACTING PARTIES on the discriminatory appli-
20 cation of restrictions. The basic rule, forbidding discrimination in trade
21 control, is contained in Article XIII; this requires contracting parties in
22 their administration of restrictions to aim at a distribution of trade which
23 approaches as closely as possible the shares which the various contracting
24 parties could expect to obtain if imports were not restricted. An exception
25 to this rule permits a contracting party, if it applies import restrictions
26 under Article XII to discriminate during the post-war transition period,
27 between sources of supply in accordance with the exigencies of its balance-
28 of-payment situation. Under Article XIV the CONTRACTING PARTIES are required
29 to report each year on the discriminatory application of these restrictions:
30 the first report was published in 1950 1 and the relevant sections herein
31 constitute the second report.
1 .
First Report on the Discriminatory Application of Import Restrictions,
March 1950 (Sales No. GATT/1950-1) obtainable from sales agents of the
United Nations.,,ns, GATT/CP.6/12/Rev.1
Page 4
1. The Agreement requires contracting parties which apply restrictions under
2 Article XII to relax them progressively as ccnditions improve, maintaining them
3 only to the extent that the position of their balance of payments and the
4 level of their monetary reserves still justify their application, and to
5 eliminate them altogether when conditions no longer justify their maintenance.
6 Further, commencing in 1952, the CONTRACTING PARTIES are called upon to engage
7 in annual consultations with governments which still discriminate in the
8 application of their restrictions Hence, sections of this Report are devoted
9 to the problems which contracting parties will encounter when they come to
10 remove their restrictions and to the prospects for their early relaxation in
11 the light of world conditions today.
12 Twenty-four of the contracting parties have stated that they are resorting
13 to the provisions of Article XII and are employing quantitative import
14 restrictions to redress their balance of payments, these are: Australia,
15 Austria, Brazil, Ceylon, Chile, Czechoslovakia, Denmark, Finland, France ,
16 Germany, Greece, India, Indonesia, Italy, Netherlands, New Zealand, Norway,
17 Pakistan, Philippines , Southern Rhodesia, Sweden, Turkey, Union of South
18 Africa, and the United Kingdom, Eight contracting parties, namely Belgium,
19 Canada, Cuba, Dominican Republic, Haiti, Luxemburg, Peru and the United
20 States, have stated that they are not taking action under these provisions.
21 This Report closely affects the economic policies of many governments
22 and therefore, in concluding; these introductory remarks, a word of caution
23 is needed. The provisions of the General Agreement are highly complex and
24 technical, and in order not to burden the reader with lengthy, legal phraseology
25 the rights and obligations of contracting parties are described in this Report
26 in simple, non-technical terms. Therefore the reader should bear in mind that
27 before judging the action of any government it would be necessary to refer to
28 the text of the Agreement itself. For convenience of reference the articles
29 which are particularly relevant to this review are reproduced in an annex; but
30 even these must be read in the context of the Agreement as a whole.
1 The Government of Philippines does not expect to accede to the Agreement
until early in 1952.
?; 7
- |
GATT Library | jm289xt4192 | Report on import restrictions applied under article XII : Revision of chapter 4. Trends of policy and effects | General Agreement on Tariffs and Trade, October 17, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 17/10/1951 | official documents | GATT/CP.6/12/Rev.1 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/jm289xt4192 | jm289xt4192_90070330.xml | GATT_140 | 2,624 | 17,084 | RESTRICTED
GENERAL AGREEMENT ON
TARIFFS AND TRADE 17 October 1951
CONTRACTING PARTIES
Sixth Session
REPORT ON IMPORT RESTRICTIONS APPLIED UNDER
ARTICLE XII
REVISION OF CHAPTER 4. TRENDS OF POLICY AND EFFECTS
1 In examining the trade policy applied under Articles XII and XIV it will be
2 useful to review the changes in the external financial position of the countries
3 concerned and the progress made towards the restoration of multilateral trade.
4 The contracting parties whose import restrictions have been under review have
5 not made uniform progress in economic recovery; but there are distinguishable
6 trends which have affected all of them in some degree. Most of these countries have
7 achieved a remarkable recovery in production and trade. In Western Europe, for
8 example, the output of goods and services has greatly increased and is now higher
9 per capita than in 1938. In addition to the recovery of production for domestic
10 consumption, there has been a gratifying reconstruction of the export trades, and
11 the drive to direct an increasing volume of exports to dollar markets has met with
12 a fair degree of success. On the demand side, dollar goods have met increased
13 competition from other sources through the improyed supply position in Europe and
14 elsewhere. The devaluation of most of the sterling area and European currencies
15 in September 1949 assisted both in the development of export trade to North
16 America and in restraining demand for dollar goods.The countries employing
17 restrictions have, in general, rebuilt the volume of their exports to the prewar
18 level; their dependence upon imports from hard currency areas has been reduced.
19 The United States surplus on goods and services account with the Latin American
20 republics, fell from some $2035 million in 1947 to $271million in1950 and with
21 Europe and its dependencies from $6040 million to $1365 million in the same years.
22 The substantial increase in production in these years, especially in the.
23 industrial field, greatly strengthened the world market for raw materials and .-:
24 primary products, anad ea chng had beeornible n discfor ime in the somes tterm of
25 trade bethe ween tindu striarimaryland p producing cou. Since the middle ofntries
26 1950 then ? war iorea eand th purcf rhw materials aose oaategic,fr smtrci comeral
. . . ,-I. . . ... . -... ~~~~ :;
evE1GA±/G l2 .
1 and industrial stockpiles have further advanced this trend, affecting the
2 tradenci and finaal situmanyation of countries. Rising prices inflated the
3 value of exports of countries producing cemartainm priry comodities which had
4 the eimproving the current accouff ect of ntposition of these counetries. Th
5 value of United Statesi seimpolrts nvera months in 1950 and early 1951
6 axcctually eeeded the value of exports.
7 An important consequence of these develaopmensts tws a hif of gold
8 reserves. W heereas inth two years 1947 and 1948the golsd holding of the
Unitesd .Sate& ncby $reasedm li92 illion, in 194 wa9 there. little change and
110 in y950 the f$ell by lli1744 mion, this falnl conurtiued difing the rst
11 months of 1951, and then tendevd to leel off. The golbyd sold the United
12 Statwes, as ell asm newly-ined gold, was widely distrimobuted ang European,
3 Vstemirn Hedshndere abdther rcounties.
14 Another asofpecetf th repercussions of defence prmogrames on trade p.olicy
15 is tmhe liitation of exports wof ra materials. The prohibitionlicensing and
16 of esxport for strategic reasons and to consserve upplies ofc scare
1 mm coidities is becoming more prevalent; this, combined with -he increased
1 expenditure on impo,rts reflects the greater importance attached to securing
19 commodistpyl upies.
20 (i)T hnetew SUd ta Balance of Paymentstes
2] At the end of hostilities in 1945, the productive capacity of .he
22 United Statewss a imunired, and ipats reconversion to civilian production
23 proceederd aplidy. Physical desuctrtioin n msoe untriesco and economic
24 diusrptnion i others operated to magnify consideraybl the world mdeanford
25 goodsr fom the United ates.St United Sttsae exports were at record levsel,
26 reaching theipr eak in 1947. For nyma countries, the availability of means
27 of payment for Uneitd Stesat goods overshowedad all other payments prlemsob.
28 At t vhee time of the peak rymdeand for goo,ds which were thenr pincillpay
29 available fr the omUnited ates, dollarSta erngsine wrate a low level becsaue
30 of a varietoy faAAocs,tr inclundigiminishe dd invementst inme, coimpaired
31 capacity to produce d increasaned domestic demand for exportable goo, dsand
32im paired facilitiefs oservices which customarily r yielded invislibe inmeco.
33 Inaddition, nmmauber of important untriesco emerged from the war with
34 reduced reserves. The United Stateexs porst urplus of goods and services
35amount ing t$o 37.6 billion omfr July 1945 to the end of 1950, was financed GATT/CP.6/12/Rev. 1
Page 3
1 in part by transfers of reserves, but principally by United States Government
2 loans and grants.
3 However, the year-by-year record of the United States balance of payments
4 shows the progress which has been made during recent years in its payments
5 relationships with the rest of the world. Imports have risen steadily since
6 1946 (except for a brief minor recession in 1949); exports have dropped
7 steadily since 1947; a steady outward capital flow has been maintained,
8 extraordinary governmental assistance has tapered off since 1947; the gold
9 movement was largely arrested in 1949, and sharply reversed in 1950. This
10 improved relationship has continued in 1951, although statistics of ac 1
11 exports tend to underestimate the magnitude of the underlying demand for
12 United States goods while their importation is still being restricted by many
13 countries.
14 (i) The Sterling Area
15 Although production and export trade of the sterling area countries
16 advanced encouragingly, the gold and dollar reserves held in the United
17 Kingdom fell in the three years, 1947-49, from $2696 million to $1688 million.
18 In July of 1949 the Commonwealth countries of the sterling area, other than
19 . South Africa, agreed to endeavour to reduce their demands on the central
20 reserves in respect of dollar imports by 25% below the level of 1948 in order
21 to halt the severe drain on those reserves.
22 This intensification of restrictions required consultations with the
23 CONTRACTING PARTIES under the provisions of Article XII. In accordance with
24 Article XV, the CONTRACTING PARTIES also consulted with the International
25 Monetary Fund. These consultations were concluded in November 1950. The
26 results of the intensification were examined in the light of subsequent
27 developments. By the end of September 1950 the gold and dollar reserves had
28 recovered from $1425 million a year earlier to $2756 million. In the course
29 of the consultations several contracting parties expressed the view that
30 the time had come for Australia, Ceylon, New Zealand, Southern Rhodesia and
31 the United Kingdom to begin the progressive relaxation of their respective
32 restrictions on imports from the dollar areas and the Fund expressed the
33 opinion that such relaxation would be feasible but should be undertaken with
34 due caution having regard to prevailing uncertainties The five governments,
35 however, were of the opinion that, although the gold and dollar reserves of GATT/CP.6/12/Rev. 1
Page 4
1 the sterling area had improved, several adverse factors, of which the full
2 effects would not be felt until 1951, rendered it unwise for then to under-
3 take at that tine any commitments for a relaxation of their restrictions.
4 As for India and Pakistan, it was generally agreed that no further
5 relaxation of the general level of their restrictions was appropriate at
6 that time.
7 The Union of South Africa also experienced payment difficulties. From
8 1947 to 1949 the gold held by the South African Reserve Bank declined from
9 $939 million to $128 million. Since the war-time control of imports had been
10 abolished, new restrictions were introduced. Under Article XII;4(a) a
11 contracting party instituting restrictions is required to consult with the
12 CONTRACTING PARTIES as to the nature of its balance-of-payment difficulties,
13 alternative corrective measures, and the effect of such measures on the
14 economies of other contracting parties. The consultations with South Africa
15 wore held in 1949 when the measures and the methods of restriction were fully
16 discussed with the CONTRACTING PARTIES. The South African Government later
17 informed the CONTRACTING PARTIES that the suggestions made in the course of
18 these consultations had been taken into account in the development of its
19 import policy.
20 Since the middle of 1950 there has been a substantial relaxation of the
21 restrictions by a number of the sterling group; some products have been added
22 to the free lists, while elsewhere the relaxation has been introduced by
23 means of a more lenient administration of the licensing requirements. In the
24 light of the events of 1950; which resulted in increased earnings in dollars,
25 it was possible to modify the reduction of imports introduced the previous
26 year. A few examples will illustrate the relaxations which took place. The
27 United Kingdom substantially increased its expenditure on dollar imports and
28 made further additions to the list of products imported under open licences
29 from soft-currency sources. Australia increased its imports from all sources
30 and extended the list. of "easy-currency" countries from which goods might be
31 purchased without licence; New Zealand and India provided for a higher level
32 of imports and extended their list of soft-currency countries; 75% of the
33 permits issued by South Africa are valid for importation from any country;
34 Southern Rhodesia removed all restrictions on imports from a number of
35 countries; and Ceylon announced that from July 1951 there would be no GATT/CP.6/12./Rev. 1
Page 5
1 restriction of imports except for a very few articles when imported from
2 hard-currency countries.
3 The tendency to be more lenient in the application of restrictions on
4 purchases from the dollar area continued in the early part of 1951, although
5 as the year progressed the balance-of-payment situation grew less favourable.
6 The gold and dollar reserves continued to increase in the first half of 1951,
7 and by the end of June had reached $3867 million. In the third quarter,
8 however, the sterling area had a gold and dollar deficit of $638 million and
9 the reserves declined by $598 million to $3269 million.
10 (iii) Western Europe
11 The trade of the countries of Western Lurope, both among themselves
12 and with countries outside Europe, has improved fairly steadily in the six
13 years since the war, and steps have bean taken to ease the restrictions on
14 imports, particularly from soft-currency countries. Many of the import
15 quotas allocated in bilateral trade agreements provide for an increased
16 volume of trade, but import programmes for 1951 have not generally envisaged
17 an increase in hard-currency purchases. Relaxation has been introduced
18 administratively in the treatment of applications for licences and in the
19 allocation of foreign exchange for overseas purchases 'ut its extent is
20 difficult to measure.
21 The most important development in trade policy is the liberalisation
22 programme of the Organization for European Economic Cooperation, which was
23 mentioned earlier as one of the group arrangements involving discrimination
24 in the application of restrictions. In November 1949, quantitative restric-
25 tions were removed from 50% of intra-European trade on private account, on
26 the basis of 1948 trade statistics, for each of the three commodity groups -
27 food and feeding stuffs, raw materials and manufactured goods. This was
28 extended to 60% in July 1950, and the target was raised to 75% in February
29 1951. In May, 1951, agreement was reached upon the consolidation of a list
30 of liberalized products accounting for 60% of intra-European private trade.
31 At the present time four of the contracting parties applying restrictions
32 under Article XII - France, Italy, Sweden and the United Kingdom - have
33 liberalized at least 75% of their private trade with other members of the
34 Organization and have consolidated 60%. Other members have progressed in
35 varying degrees to the achievement of these goals. GATT/CP.6/12/Rev. 1
Page 6
1 The most recent development in the Organization for European Economic
2 Cooperation programme was the acceptance in August 1951 of a short "common
3 list" of products, principally textiles and textile machinery, from which
4 quantitative restrictions were to be removed by all countries except those
5 which have been exempted from applying the liberalization measures; if the
6 restrictions are not removed their retention is to be justified to the
7 Organization.
8 The liberalization programme/turned upon the development of arrangements
9 for the clearing of accounts and for the transferability of the currencies
10 of the participating countries within the group through the mechanism of
11 the European Payments Union.
12 In the first stage of liberalization most members of the Organization
13 excluded the members which they regarded as hard-currency countries from
14 the benefits of the removal of restrictions, but the establishment of the
15 European Payments Union in July 1950 permitted the extension of liberalization
16 to these countries. Further, they have extended the liberalization to
17 imports from the dependent territories of other members; and some have ex-
18 tended it to certain non-member countries, [as follows:
19 Countries and currency areas, other than the
20 territories of OEEC members, to which the
22 liberalization has been extended
23 Austria
22 Denmark
25 France -
26 Greece -
27 Italy -
28 Netherlands - Indonesia
29 Norway - Finland, Israel, Spain (including Dependencies)
30 and Sterling Area.
31 Sweden - Finland, Indonesia and Sterling Area.
32 Turkey -
33 United Kingdom ]
34 (iv)
35 During the war most of the countries of Latin America had a favourable
36 trade balance. Earnings of foreign exchange from the export of primary
37 products were higher than usual, and the trade surplus was further enlarged
38 by the involuntary reduction of imports caused by the world-wide scarcity
39 of consumer goods. By 1946 this trend was reversed. With the opening up of GATT/CP.6/12/Rev. 1
1 sources of supply the pent-up demand for consumer goods brought a substantial
2 increase of imports which led to a decline in the monetary reserves, which
3 reached a low point in 1949, and to the increased use of restrictions. Some
4 of the Latin American countries attempted, however, to maintain their export
5 trade with European countries applying restrictions by means of bilateral
6 agreements. Another aspect of the discriminatory application of restrictions
7 was related to the efforts of some of these countries to avoid the accumu-
8 lation of inconvertible currencies. In 1949 Chile experienced new difficul-
9 ties through the fall in the price of copper and the Government decided to
10 intensify its restrictions on dollar imports. The consultations with the
11 CONTRACTING PARTIES, under the provisions of Article XII:4(b), were concluded
12 in November 1950, when it was generally agreed that it would not be appropriate
13 for Chile to undertake at that time any further relaxation of the general
14 level of its restrictions on imports from the dollar area.
15 The more recent improvement in the balance of current payments and the
16 strengthened monetary reserves have enabled sone of the contracting parties
17 in Latin America which maintain import restrictions to relax then. In the
18 case of Peru all remaining balance-of-payment import restrictions were
19 removed in January 1951. |
GATT Library | vx123fg4974 | Report on import restrictions applied under article XII : Revision of chapter 5. Incidental trade effects of restrictions | Contracting Parties, October 17, 1951 | Contracting Parties | 17/10/1951 | official documents | GATT/CP.6/12/Rev.1 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/vx123fg4974 | vx123fg4974_90070331.xml | GATT_140 | 2,685 | 18,218 | CONTRACTING PARTIES RESTRICTED
Sixth Session SPECIAL DISTRIBUTION
GATT/CP.6/12/Rev. 1
17 October 1951
ORIGINAL: ENGLISH
REPORT ON IMPORT RESTRICTIONS APPLIED UNER ARTICLE XII
REVISION OF CHAPTER 5. INCIDENTAL TRADE EFFECTS OF RESTRICTIONS
1 Import restrictions have in general been used for the purpose of
2 curtailing imports of less essential goods while the process of post-war
3 recovery and development was being carried forward. Although total imports
4 have been kept at a high level, the selections made by importing countries
5 in classifying goods as "essential" and "non-essential" have affected the
6 export markets for certain commodities far more severely than appears from
7 the total figures of trade.
8 Under Article XII governments are required, in the application of their
9 balance-of-payment restrictions, to avoid unnecessary damage to the commer-
10 cial and economic interests of other contracting parties and not to prevent
11 unreasonably the importation of goods in minimum commercial quantities if
12 regular channels of trade would otherwise be impaired. Several contracting
13 parties have taken special steps in an endeavour to fulfil these under-
14 takings, in some instances by admitting small quantities of imports which
15 would not otherwise have been licensed and in others by granting foreign
16 exchange for imports in excess of the fixed quotas or for products not
17 under quota.
18 An important example of this type of arrangement is the system of
19 token imports used by certain contracting parties whereby they permit the
20 importation of fixed quantities of certain commodities which would otherwise
21 be prohibited, so that the market for them will not be entirely lost as a
22 consequence of the restrictions. The United Kingdom plan benefits princi-
23 pally the United States and Canadian manufacturers of branded goods which
24 had wide sale in the United Kingdom before the war. For 1951 the annual
25 quota was advanced from 20 to 40% by value of each manufacturer's average
26 annual trade in 1936-38. The system maintained by the Government of New
27 Zealand permits the import of a wide range of United Kingdom manufactures
28 up to 2% in 1938.
29 The French and Netherlands Governments in some circumstances allow
30 exporters to retain a small proportion of the proceeds of exports to
31 certain hard-currency countries which can be used for imports that would
32 not otherwise be authorized or for other purposes. 1 Although contracting parties have taken measures to mitigate the effects
2 Of their restrictions on the trade of others, it must be recognized that
3 import controls are bound to affect the normal conduct of trade. Restriction
4 of imports, whatever its purpose, tends to limit competition and to that
5 extent to protect the domestic production of competing products and to raise
6 prices. In so far as foreign competition is absent an important incentive
7 to domestic producers of like products to lower their prices is impaired
8 and the expansion of domestic production of the restricted goods through
9 the participation of extra-marginal producers tends to be encouraged. The
10 longer the restrictions are in force the greater is the likelihood that the
11 changes they cause in the structure of production and prices, both in the
12 exporting and the importing country, will harden and crystallize.
13 It is not only the restricted supply of particular imports which
14 protects the domestic industry concerned. Formalities and delays involved
15 in complying with the import control procedures may add to the cost of
16 importation and so constitute some further element of protection.
17 Exporters and importers may be discouraged from setting up marketing
18 facilities in countries where, through frequent changes in import controls,
19 it is difficult to maintain continuity of sales. And there is a tendency
20 for exports to be attracted by the higher prices often available in soft-
21 currency markets to the detriment of the earnings of hard currencies.
22 The problem of protection was discussed by the CONTRACTING PARTIES
23 at their Fourth Session in March 1950, and methods by which governments
24 could minimise the incidental protective effects were examined. It was
25 found that several contracting parties had taken steps to discourage the
26 establishment and growth of vested interests which might press for the
27 maintenance of the restrictions beyond the period when restrictive measures
28 to safeguard the balance of payments could be justified in terms of the
29 Agreement. The CONTRACTING PARTIES concluded that the governments applying
30 restrictions should endeavour, in their own interests and in the spirit
31 of the Agreement, to prepare domestic industries for the time when import
32 rostrictions would be relaxod and, finally, removed. They recommended in
33 particular the following methods whereby the "undesirable incidental
34 protective effects" could be miniised: -3 -
1 "(a) Avoiding encouragement of investment in enterprises which could
2 not survive without this type of protection beyond the period
3 in which quantitative restrictions may be legitimately maintained;
4 "(b) Finding frequent opportunities to impress upon producers who are
5 protected by balance-of-payment restrictions the fact that these
6 restrictions are not permanent and will not be maintained beyond
7 the period of balance-of-payment difficulties;
8 "(c) Administering balance-of-payment restrictions on a flexible basis
9 and adjusting them to changing circumstances, thereby impressing
10 upon the protected industries the impermanent character of the
11 protection afforded by the restrictions;
12 "(d) Allowing the importation of "token" amounts of products, which
13 otherwise would be excluded on balance-of-payment grounds, in
14 order to expose domestic producers of like commodities to at
15 least some foreign competition and to keep such producers con-
16 stantly aware of the need ultimately to be prepared to meet
17 foreign competition;
18 "(e) Avoiding, as far as balance-of-payment and technical considera-
19 tions permit, the allocation of quotas among supplying countries
20 in favour of general licences unrestricted in amount or un-
21 allocated quotas applying non-discriminatorily to as many
22 countries as possible; and
23 "(f) Avoiding as far as possible narrow classifications and restric-
24 tive definitions of products eligible to enter under quotas."
25 Several governments have taken steps to impress upon their producers
26 that the protection which they have enjoyed incidentally as a result of the
27 quantitative restrictions imposed for financial reasons is of a temporary
28 nature. This is a problem which requires constant vigilence by all the
29 countries concerned. REVISION OF CHAPTER 6
CONSULTATIONS ON THE CONTINUANCE OF DISCRIMINATION
l The use of discriminatory import restrictions under the General Agreement,
2 to safeguard the external financial position and balance of payments, is closely
3 associated with the provision in Article XIV of the Articles of Agreement of
4 the International Monetary Fund. Under that article members may, in certain
5 circumstances, maintain restrictions on payments and transfers for current
6 international transactions but only so long as they are availing themselves of
7 the post-war transitional period arrangements of the Fund Articles. Moreover,
8 the Fund's Articles and the General Agreement contain related provisions
9 governing the removal of these restrictive measures. Article XIV of the Fund's
10 Articles of Agreement states: "Five years after the date on which the Fund
11 begins operations, and in each year thereafter, any member still retaining any
12 restrictions inconsistent with Article VII, Sections 2, 3 or 4, shall consult
13 the Fund annually as to their further retention." The five-year period ends
14 in March 1952.
15 Article XIV:1 (b) of the General Agreement provides that a contracting
16 party may, in the use of import restrictions, deviate from the rule of non-
17 discrimination in a manner having equivalent effect to restrictions on payments
18 and transfers for current international transactions which that country may
19 apply under Article XIV of the Fund. Thus a link exists between exchange
20 restrictions and discrimination in import restrictions. Continuance of
21 discrimination in the application of import restrictions under Article XIV:1 (b)
22 of the General Agreement by a contracting party which is a member of the Fund
23 depends upon the determination by the Fund as to the action which is permitted
24 to that member in exchange matters under Article XIV of the Articles of Agree-
25 ment of the International Monetary Fund.
26 However, there is an area of permissible discrimination less closely tied
27 to exchange restrictions. Contracting parties governed by Article XIV,
28 paragraphs 1(b) and 1(c) which, on March 1, 1948, maintained discriminatory
29 import restrictions not parallel to transitional period exchange restrictions
30 are permitted to maintain such restrictions and adapt them to changing circum-
31 stances. Permissible discrimination under Annex J is defined without reference
32 to the Fund Articles, Contracting parties discriminating under paragraph 1(c) - 5 -
1 or under Annex J are required to consult annually with the CONTRACTING PARTIES
2 who may recommend the termination of any particular deviation fran the provisions
3 of Article XIII or the general abandonment of deviations. Thus the whole field
4 of discriminatory import restrictions maintained by any contracting party under
5 paragraph 1 of Article XIV(including Annex J) will, commencing with March 1952,
6 either come under annual consultation with the CONTRACTING PARTIES, or, alter-
7 natively, will be affected by annual consultations between the Fund and its
8 members in the related field of exchange restrictions. It should also be noted
9 that no discrimination under paragraph 1(b) or 1(c) of Article XIV, or under
10 Annex J, is permissible after the end of a contracting party's transitional
11 period under Article XIV of the Fund Agreement,
1 The contracting parties have reported as follows: France discriminates under
paragraph 1(b); Australia, Denmark, Finland, Greece, India, Italy, Netherlands,
Norway, Pakistan, Sweden and Turkey under paragraphs 1(b) and (c); Germany
and New Zealand under 1(c); Ceylon, Southern Rhodesia, South Africa and the
United Kingdom under Annex J; and the Philippines has stated that its
restrictions are non-discriminatory and are administered in accordance with
Article XIII". ADDITIONAL CHAPTER 7. CONCLUSIONS
1 in summarizing and concluding this review of the restrictions
2 maintaied by contracting parties, it will be well to recall the basic
3 objectives which governments set themselves when aceeding to the General
4 Agréement.
5 . Realizing the profound disadvantages which arise from the fragmentation
6 of world trade and the limitations thereby placed upon the possibilities
7 of trade expansion, the contracting parties have set as their goal the
8 restoration of mulitlateral trade. This aim is recognized in the statement
9 of objectives in the preamble to the Agreement in which the contracting
10 parties affirm their desire to enter into reciprocal and mutually advantageous
11 arrangements directed to the reduction of trade barriers and the elimination
12 of discriminatory treatment in international commerce. This aim is implicit
13 also in the provision of Article XI calling for the general elimination of
14 quantitative restrictions In assuming the task of reconstructing the mul-
15 tilateral pattern of trade, the contracting parties were conscious that pro-
16 gress in this field is related to progress towards currency convertibility
17 which is a major purpose of the International Monetary Fund. To promote the
18 objective of multilateral trade the contracting parties have undertaken
19 certain obligations, in particular that import restriction on balance-of-
20 payment grounds may be maintained only under carefully defined conditions,
21 related to the state of monetary reserves. There is a wide privilege to
22 apply such restrictions in a discriminatory fashion during the postwar
23 transitional period, but this privilege ends with the end of that period
24 for the country concerned. -7 -
1 Since 1945, and particularly since the Agreement came into operation in
2 1948, economic recovery and development have proceeded steadily. Production
3 in many of the countries which were the scene of conflict has now surpassed
4 the pre-war levels. In this advance the financial aid rendered by the United
5 States and others has played an important part. The post-war recovery and
6 expansion of production, coupled with the widespread re-adjustment of exchange
7 rates in 1949, have gone a long way to bringing demand for foreign requirements
8 into closer relationship with available means of payment in most deficit
9 countries. While many factors, domestic and international, affect a country's
10 inflationary gap, its success in keeping domestic demand, which in many countries
11 is now held in check by restrictive measures, in a sound relationship with its
12 available means of international payments is a central factor in its ability
13 to relax or dispense with direct controls of international trade.
14 When the Agreement was drafted in 1947 it was expected that five years
15 of economic recovery would bring a general relaxation of trade controls
16 and that this review would, therefore, be limited to individual instances
17 of continuing restriction. In fact, however, an important part of the
18 trade of most countries remains subject to governmental restrictions based
19 on balance-of-payment grounds. Several governments, in particular those
20 of under-developed countries, have pointed out that the pressure on their
21 reserves arising from a high level of demand for imports for their
22 development programmes may require the maintorance of priorities for the
23 importation of certain classes of goods.
24 By the middle of 1950, many countries which wore in acute difficulties
25 in 1947 had advanced to the point where there seemed a fair prospect that
26 they would be able before long to pay their way, to rebuild their monetary
27 reserves, and to progress towards the ending of discrimination and the
28 removal of restrictions, After the middle of 1950, there was - as the
29 result of an improved balance of payments and reserve position, as well as
30 the desire to acquire supplies - a tendency in many countries to increase
31 the amount of their imports. In some cases, this development emerged from
32 announced changes in regulations; in others, the increased imports resulted
33 from administrative action. This
34 continued into .1951 1 Concurrently, there have been new factors arising from the international
2 situation. Principal among these have been the increased demand and higher
3 prices for certain raw materials and other essential supplies due partly to
4 speculative buying and private and governmental stockpiling, the increasing
5 programmes of rearmament and the threat of new inflationary pressures.
6 Since many of these factors affect different countries in varying degrees
7 and even in diverse directions, it is difficult to make a generalisation
8 applicable to all, or nearly all, of the contracting parties. Generally
10 speaking, however, the widespread improvement in balances of payments and
11 reserve positions has continued in 1951, although some important countries
12 are currently experiencing difficulties.
13 It is clearly the responsibility of each contracting party, both those
14 in balance-of-payment difficulties and the surplus countries, to continue
15 in the light of their individual circumstances to seek to remove the under-
16 lying causes of disequilibrium. In framing both internal and external
17 economic policies, governments should take account of the possible reper-
18 cussions of such policies on the economic interests of other countries and
19 the needs of the international situation.
20 In concluding this review, the CONTRACTING PARTIES note that the
21 governments which are applying import restrictions under Article XII are
22 conscious that the obligation which each has assumed under the Agreement
23 involves the continuous review by governments of their restrictive and
24 discriminatory practices and the removal of any measure which is not
25 strictly justifiable on balance-of-payment grounds. It is evident that
26 countries cannot all move at the same pace, but a number, particularly
27 those whose trade and payments position is improving as a result of
28 recent developments, should be able to take definite steps towards the
29 further relaxation of restrictions and reduction of discrimination.
.. - -
1
T. .6 |
GATT Library | br354rk4349 | Report on import restrictions applied under article XII : Revision of chapter 6. Conclusions on the continuance of discrimination. Corrirendum | Contracting Parties, October 19, 1951 | Contracting Parties | 19/10/1951 | official documents | GATT/CP.6/12/Rev.1/Corr.2 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/br354rk4349 | br354rk4349_90070334.xml | GATT_140 | 153 | 1,214 | CONTRACTING PARTIES
Sixth Session
RESTRICTED
SPECIAL DISTRIBUTION
GATT/CP .6/12/Rev.1/Corr.2
19 October 1951
ORIGINAL: ENGLISH
REPORT ON IMPORT RESTRICTIONS APPLIED
UNDER ARTICLE XII
Revision of Chapter 6
CONSULTATIONS ON THE CONTINUANCE OF DISCRIMINATION
Corrigendum
Replace the footnote on page 5 by the following:
1. Contracting parties have reported that the discriminatory application
of their restrictions falls under the provisions of the Agreement as
follows:
Article XIV, paragraph 1(b) - France
Article XIV, paragraphs 1b) and 1(c) - Australia, Denmark,
Finland. Greece, India, Italy, Netherlands, Norway, Pakistan,
Sweden and Turkey.
Article XIV, paragraph 1(c) - Germany and
New Zealand.
Annex J - Ceylon, Southern Rhodesia, South Africa and
the United Kingdom,
The Governments of Indonesia and the Philippines have stated that
their restrictions are non-discriminatory, and the Government of
Czechoslovakia has stated that all countries are treated equally in
accordance with Articles XIII and XVII.
- - :
I- - !-,,,K"' - -.. --- -- |
GATT Library | sk963wv1267 | Request from the European Customs Union Study Group to send observers to certain meetings, of the Contracting Parties | General Agreement on Tariffs and Trade, August 27, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 27/08/1951 | official documents | GATT/CP.6/8 and GATT/CP.6/1-8 | https://exhibits.stanford.edu/gatt/catalog/sk963wv1267 | sk963wv1267_90070319.xml | GATT_140 | 395 | 2,562 | RESTICTED
GENERAL AGREEMENT ON LIMITED B
GATT/C P.6/8
TARIFFS AND TRADE 27 August 1951
CONTRACTING PARTIES
to send Observers
certain meetings, of--he CotactigN'te
The President of the European Customs Union Study Group has asked to be
represented by observers at meetings of the Contracting Parties dealing with
Customs treatment of samples and advertising material. -
" During the last few years the Study Group for the European Customs Union
has paid special attention to the study of all matters connected with customs
methods. It has been particularly interested in the question of a draft
convention on Customs treatment of samples and advertising materials which the
Contracting Parties are proposing to examin at their session in September
1951, in the light of a draft prepared in 1935 by the International Chamber
of Commerce.
" The Customs Committee of the Study Group has examined the International
Chamber of Commerce's draft; and in an annex to the report drawn up at the
conclusion of its last session, it takers each of the articles of the draft
and describes the relevant system applied by the various States members of
the Study Group in the matter of samples. This document is being transmitted
to the Secretariat of the Interim Commission for the International Trade
Organization, which had expressed a desire to be kept informed of the progress
of our work.
" No doubt you will agree with me that the closest possible cooperation
should be established between our two organizations on matters of common
interest, and that it should not be confined to the exchange of documents.
I think it would be useful if the Study Group could be represented by
observers at the meetings of the Contracting Parties when they deal with
the question of the convention on Customs treatment of samples and advertising
material."
Rule 9 of the Rules of Procedure provides as follows:-
" Representatives of other governments invited to the United Nations
Conference on Trade and Employment and of inter-governmental organizations
may attend the meetings as observers on the invitation of the CONTRACTING
PARTIES and, on the invitation of the CONTRACTING PARTIES, participate without
vote in accordance with the terms of such invitation."
This request of the Customs Union Study Group should accordingly be
considered in the light of the provisions of Rule 9.
~~~~_ -- I
;.7 I . i
. .....3. I
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Cows |
GATT Library | fw876sp0962 | Resolution : Du 3 avril 1951 concernant les procedures qui permettront de mener A chef les negociptions au titre de l'articie XXVIII inauohevees a Torquy | Accord General sur les Tarifs Douaniers et le Commerce, May 5, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 05/05/1951 | official documents | GATT/CP/107 and GATT/CP/107 | https://exhibits.stanford.edu/gatt/catalog/fw876sp0962 | fw876sp0962_90310006.xml | GATT_140 | 666 | 4,485 | RESTRICTED
LIMITED B
ACCORD GENERAL SUR LES TARIFS GATT/CP/107
5 April 1951
DOUANIERS ET LE COMMERCE FRENCH
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
Resolution
du 3 avril 1951 concernant les procedures qui permettront de
mener A chef les negociptions au titre de l'articie XXVIII
inauohevees a Torquy
ATTENDU que les PARTIES CONTRACTANTES ont elabore un amendcnent a l'Article
XXVIII de l'Accord general. qui sera repris dans le Protocole de Torquy annexe a
l'Accord general et qu'elles ont invitd touted les parties contractantes a signer,
a l'issue de la Conference de Torquay, une Declaration par laquelle eles s'engn-
geront a no pas so prevaloir des dispositions du paragraphe premier de l'Article
XXVIII de l'Accord general ovaant le ler Janvier 1954;
ALTTENDU qu'en vertu du Protocolc do Torquay, saules les modifications dos
Lists de Goneve eat d'Annecy qui auront ete convornucas ou contre lesquelles
aucune objection n'aurn ete elevec, au cours de la Conference de Torquay, pour-
ront entrer on vigueur sons consultation supplementaire des parties contractan-
tes interesses ou sans atutrc mosure dos PARTIES CONTRACTANTES;;
TTENDU d'autre partqu'ill n' . pase6e6 possible danrrverraA tomps A un cP-
cord qui permit de reproandrc dans los Listosannoxecs6aou Protocleo de Torqay
lo resultat dos negociations conconant los modifications proposeos at qui sont
numerecs dnns l'Annexe do ln presente Resolution,
LES PARTIES CONTRACTANTES,
AGISSANT on vertue de l'Article XXV (5) (c)
DECIDENT co qui suit:
1. Nonobstont la signaturo do la Declaration do mention on vigucur dos Listos
annoxeos a l'Accord general ot du Protocolo do Torquay, les gouvernomonts do le
France, de Cuba ot d'Haiti sont autorises a poursuive los negociations concornant
los modifications dos concessions sur los produits dnuieres dans l'annexe de la
presento resolution, avee la partic contractante ou les partics controctantes avee
lesquelles los concessions on cuuse ont ete negocieos primitivomont ainsi qu'avec
la partic contractante ou les parties contractantos qui, au course de la confe
ronce do Torquay, ont fait savoir qu'ellos etaient interesses de façon substan-
tielle aux concoosions on question.
2. Les parties contractantes interossees s'cfforcoront d'aboutir A un accordd
.u plus tuird lo lor Juillot 1951 ot do maintonir les conccssions echangeos sur
une base do reciprocie ct d'avantage mutulos a un nivocau non moins favorable
aux echange quo celui prevu dans le present accord. GATT/CP/107
Page 2
3. Toute moodification qui aura fait l'objot d'un accord avant le ler juillot
1951 pourra etre ronduc off effective vioe d'accord des negociatures a la condi-
tion quo la dante a laquelle la modification ou los modifications on question
devicndrot effcctivos soit notifiec au Secretaire executif au moins 30 jurs
a l'avrnco.
4. Si, avant le lor juillot 1951, les negociations viseos au paragraphe premier
ci-dossus se sont torminees sans aboutir a un accord, la partic contractante qui
aurn sollicite la modification addressra une notification aux PARTIES CONTRACTANTES
par l'ontrcmise du Secretariat; elle aura la faculte d'appliquer la modification
on question a compter du trentiemo jour qui suivra colui de la notification.
5. Si, l lor juillot 1951, aucun accord n'n. ete conolu sur toute modification
projetec figurant dans l'annexe de la presente Resolution, la partie contrac-
tanto qui aura sollicite la modification adrossora ure notification aux PRTIES
CONTRACTANTES par l'ontromise du Socruetariat; clle aura la faculte d'appliquer
la modification on question a comptor du trontieme jour qui suivrn, calui do ia
notification.
6, Touto partio contractanto affocteo do façon substantiello par une modifica-
tion appliquee on vortu du parragraphe 4 ou du paragraphe 5 de la presonto Reso-
lution aura ln faculte, jusqu 'a 1' cxpiration d tun delai de six mois & compter
do la maiso on appliontion do indito modification, do retirer, a pnrtir du tron-
tieme jour apres colui du los PARTIES CONTRACTANTES auront roçu le preavis ecrit
du retrait on question, des concessions sensiblatement equivalentes quiaurrient
ete negocios primitivement avee la partio contractanto qui aura pris des mesu-
ros on vertu des paragraphes 4 ot 5 ci-dossus.
Note: L'annexe visdo dans la presonte Resolution a ete distribuee sous la
cote SECRET/CP/l6/Rov .1 |
GATT Library | hv056ts5277 | Resolution of April 3, 1951, on procedures for completing Article XXVIII negotiations unfunished in torquay | General Agreement on Tariffs and Trade, April 5, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 05/04/1951 | official documents | GATT/CP/107 and GATT/CP/107 | https://exhibits.stanford.edu/gatt/catalog/hv056ts5277 | hv056ts5277_90310005.xml | GATT_140 | 603 | 3,952 | GENERAL AGREEMENT ON RESTRICTED
LIMITED B
TARIFFS AN D TRADE GATT/CP/107
TARIFFS AND TRADE 5 April 1951
CONTRACTING PARTIES
RESOLUTION OF APRIL 3, 1951, ON PROCEDURES FOR COMPLETING
ARTIClE XXVIII NEGOTIATIONS UNFUNISHED IN TORQUAY
WHEREAS the CONTERACTING PARTIES have drawn up an amendment to Article
XXVIII of the General Agreement which will be embodied in the Torquay
Protocol to the Agreement and have invited all contracting parties to sign
at the conclusion of the Torquay Conference a Declaration by which they
would waive their right to invoke prior to January 1, 1954, the provisions
of paragraph 1 of Article XXVIII of the General Agreement;
WHEREAS under the Torquay Protocol only those modifications of the
Geneva and Annecy Schedules which have been agreed upon or to which no.
objection has been raised in the course of the Torquay Conference can enter
into force without further consultation with the contracting parties con-
cerned or action by the OONTRACTING PARTES;
WHEREAS,moreover, it has not been possible to reach an agreement
in time to record in the Schedules annexed to the Torquay Protocol the
results of the negotiations concerning the modifications of concessions with
respect to the products listed in the Annex to this resolution;
The CONTRCTIING PARTIES
DECIDE, pursuant to Article XXV(5) (a),
1. That notwithstanding signature of the Declaration on the continued
application of the Schedules to the General Agreement on Tariffs and Trade
and of the Torquay Protocol, the Governments of Franco, Cuba and Haiti
shall be authorized to pursue the negotiations relating to modifications
of concessions with respect to the products which are listed in the Annex
to this Resolution with the contracting party or contracting parties with
which each concession was initially negotiated and with the contracting
parties which during the Torquay Conference, have notified that they had
a substantial interest in that concessions
2. The contracting parties concerned shall endeavour to reach an agreement
on or before July 1, 1951; and to maintain a general level of reciprocal
and mutually advantageous concessions not less favourable to trade than
that provided for in the present Agreement. GATT/CP/107
Page 2
3. Any modification on which agreement is reached before July 1, 1951,
my be made effective by agreement of the negotiating parties, provided
that at least thirty days' notice of the date on which the modification
or modifications will become effective shall be given to the Executive
Secretary.
4. If prior to July 13 1951, the negotiations referred to in paragraph
1 above have terminated without agreement having been reached, this fact
shall be notified to the CONTRACTING PARTIES and the contracting party
seeking the modification shall be free to put it into effect on or after
the thirtieth day following such notification.
5. If, by July 1, 1951, no agreement has been reached on a proposed
modification listed in the Annex to this Resolution, this fact shall be
notified to the CONTRACTING PARTIES by the contracting party seeking the
modification, and that contracting party shall be free to put into effect
such modification on or after the thirtieth day following such
notification,
6. If a contracting party is substantially affected by a modification
made effective under paragraphs 4 and 5 of this Resolution, it will be
free, not later than six months after such action is taken to withdraw,
upon the expiration of thirty days from the day on which written notice
of such withdrawal is received by the CONTRACTING PARTIES, substantially
equivalent concessions initially negotiated with the contracting party
taking such action under 4 and 5 above.
Note: The Annex referred to in the Resolution has been distributed
as document SECRET/CP/16/Rev.1 |
GATT Library | rv189nz3307 | Resolution Proposed by the United Kingdom | General Agreement on Tariffs and Trade, March 31, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 31/03/1951 | official documents | GATT/CPS/4 and GATT/CPS/1-7 | https://exhibits.stanford.edu/gatt/catalog/rv189nz3307 | rv189nz3307_90330206.xml | GATT_140 | 518 | 3,512 | RESTRICTED
LIMITED C
GENERAL AGREEMENT ON GATT/CPS/4
31 March 1951
TARIFFS AND TRADE . ORIGINAL : ENGLISH
CONTRACTING PARTIES
Special Session, 1951
Resolution Proposed by the United Kingdom
THE CONTRACTING PARTIES
TAKING account of the progress made in the course of the
tariff negotiation held under the General Agreement on Tariffs and
Trade at Geva. Annecy and Torquay towards the achievement of the
objectives of; the Agreement
APPREHENDING that further effective progress may prove
more difficult in the future in view, of the reductions. already
secured in tariffs generlly
RECOGNISIIG that this must be a matter of special concern
to all contracting parties which have in substantial part already
bound relatively low tariffs against increase
TAKING NOTE further that this is a matter of special
concern also to all contracting parties which have subscribed to
the Convention for European Economic Co-operation
COISIDERING that other problems connected with the
negotiation of new or compensatory concessions may have been
brought to light in the course of the Torquay Conference
BRLIEVING that the negotiating principles and procedures
of the General Agreement require examination in the light of the
experience gained in successive rounds of tariff negotiations and
may be susceptible of development designed to promote further progress
towards the achievement of the aim- of the CONTRACTING PARTIES
RESOLVE that a "'Workig, Party be established to study these problems with
terms of reference as follows:-
(a) to review the efficacy of the negotiating procedures, as
tested in the conferences held at Geneva, Annecy vnd Torquay,
anc to recommend such adjustments or adaptations as may appear
desirable and practical to improve the opportunities of countries
with relatively low tariffs to negotiate for the reduction of
rates by countriesz with relatively high tariffs
(b) to take into account in this connection such practical instances
as may have become evident of negotiations between two member
countries or groups of countries being retarded or frustrated
by disparities of tariffs already emboided in the Schedules of
tariff concessions
(c) to study such other difficulties resulting from the application
to tariff problems of existing procedures of the General Agree-
ment as may suggest the need for adaptations thereof whether in
respect of new concessions or compensntory concessions
(d) to consider, taking eur, account of existing disparities in the
economic and social structures of different countries, proposals
by -ny contracting party for multilateral procedures designed GATT/CPS/4
Page 2
(i) to contribute to a reduction of
significant disparities in the
tariffs of groups of countries;
and
(ii) to provide a means of securing
adeduete compensation from such
other member countries as would
be likely under the terms of the
Agreement to benefit materially
therefrom
(e) to seek such information from contracting parties or
other Governments or from other Organisations or their
Secretaruats as may assist them in their studies
(f) to assemble as soon as possible at Geneva and to report
to the Contracting Parties not later than one month
before their Sixth Session is due to begin
THE CONTRACTING PARTIES further RESOLVE to decide at their Sixth Session
upon the action to be taken on the Working Party's proposals. |
GATT Library | yc506ph5702 | Résolution proposée par la délégation du Royaume-Uni | Accord General sur les Tarifs Douaniers et le Commerce, March 31, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 31/03/1951 | official documents | GATT/GPS/4 and GATT/CPS/1-7 | https://exhibits.stanford.edu/gatt/catalog/yc506ph5702 | yc506ph5702_90330214.xml | GATT_140 | 529 | 3,840 | RESTRICTED
LIMITED C
ACCORD GENERAL SUR LES TARIFS GATT/GPS/4
DOUANIERS ET LE COMMERCE FRENCH
ORIGINAL:ENGLISH
PARTIES. CONTRACTANTES
Session extraordinaire - 1951
Résolution proposée par la délégation
du Royaume-Uni
LES PARTIES CONTRACTANTES,
TENANT compte des progrès réalisés au course des négociations tari
faires effectuées à Genève, Annecy et Torquay en vertu de l'Accord général
sur les tarifs douaniers et le commerce et à l'effect de réaliser les objects
duit Accord,
CRAIGNANT ou à l'avenir il ne soit difficule de réaliser d'sutres progrès
en raison des reductions déjà effectuées sur la généralité des tarifs,
RECONNISSANT oue ce problème doit présenter un intérêt particulier
pour toutes les parties contranctantes oui ont déjà consolidé de façion
substantielle des tarifs relativement modérés,
CONSTANT d'autre part que ce problème presente également un intérêtt
partiaulier pour tot-tes les partes s cntranctantes qui adhéré à la.
Convention de Cooé6rationé6conomque européenne,e
CONSIERANT quela Conférence de e Toquay a pufaire apparaître d'autresr
probèmes s lé6s à la a é6gociation eu concessions noueules ou de compensations,o
CONVAINCES que u les pricipes et les éthodess de é6gociation appliques
en vertu de l'ccoerd general doiventêetre recorsiéeées, compte tenu de
'experience accquise au cours de plusieurs conférences tarifaires successi-s
ves, et qu'ils sont euutêetre suseuptiless etrajustements qui permettraienti
de se rapprocher davantage des butsviséss par ess PARTIES CNTRACTANTES,T
DECIDENT déetablir un goupec de travail charée d'exminerr les probèemes
récités, avec mandat:t
(a) de reconsiéerer l'efficaciéW des é6thodes de étgociation,
ompte e tenu desé6preuves auxquellesles ont soumieos les
cnférences s de enècet, d'Annecyevt de Torquay, et de recom-
mander tous rjustementst ou ,adaptations qui pourront appa-
rîltre souhaitables et pactiicabeos pour ue les paysàa ac-
rif relatieument moérér puissant plus facilmente éegocier
des reductions de droits avecles s paysà . tariff elativementt
levé;;
(b)à x aeté6gard, de prendre en cnisiderationless casconcrets oùi
desé'gociations entre deux pays embres ou deux groupes de
pays ont puêetre etardéesu ou contracarrées par la . dispariéy
des tarifs éeàLincorporé6e dans les listes de cncessions tari-
faires;
(c) d'étuaier toutus autres difficultées découlant de l'applcation
des procédures actuelles prévues dans l'accord général aux
problèmes tarifaires et oui pourraient suggérer la nécessité
d'adapter lesdites procédures en cu qui. concerne l'octroi soit
de nouvelles concessions, soit de comperiations; GATT/CPS/4
page 2
(d) d'examiner, en tenant dûment compte des disparités actuelles
qui affectebt la structure économique et sociale des différents
pays, des propositions que toute parties contractante pourra for-
muler en vue de l'élaboration de procedures multilatérales vi-
sant
(i) à contribuer à une réduction des disparités impor-
tantes des tarifs de groupes de pays: et
(ii) à permettre d'obtenir des compensations satisfaisantes
de tous autres pays membres qui, en vertu des dispositions
de l'Accord général, senbleraient devoir en retirer des
avantages substantiels;
(e) de se procurer les renseignements en question aupres de parties
contractantes, d'autres gouvernements, ou d'autres organizations
ou secretariats desdites organisations qui pourraiont l'aider dans-
des etudes;
(f) de se réunir des que possible à Genève et de fire rapport aux
Parties Contractantes au plus tard un mois avant l'ouverture de
la Sixième Session.
LES PARTIES CONTRACTNTES DECIDENT également de statuer, lors de la sixième
session, sur les msures à prendre après avoir reçu les propositions du Group
de travail. |
GATT Library | jx971tt3821 | Resolutions adopted by the International Chamber of Commerce : Proposals for discussion at the sixth session | General Agreement on Tariffs and Trade, August 15, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 15/08/1951 | official documents | GATT/CP.6/7 and GATT/CP.6/1-8 | https://exhibits.stanford.edu/gatt/catalog/jx971tt3821 | jx971tt3821_90070317.xml | GATT_140 | 0 | 0 | |
GATT Library | km071rs0860 | Resolutions adopted by the International Chamber of Commerce : Proposals for discussion at the sixth session | General Agreement on Tariffs and Trade, August 15, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 15/08/1951 | official documents | GATT/CP.6/7 and GATT/CP.6/1-8 | https://exhibits.stanford.edu/gatt/catalog/km071rs0860 | km071rs0860_90070317.xml | GATT_140 | 551 | 3,907 | RESTRICTED
GENERAL AGREEMENT ON LIMITED B
GATT/CP. 6/7
TARIFFS AND TRADE 15 August 1951
ORIGINAL :ENGLISH
CONTRACTING PARTIES
Sixth Session
RESOLUTIONS ADOPTED BY THE INTERNATIONAL CHAMBER OF COMMERCE
Proposals for Discussion at the Sixth Session
The following communication dated 8 August has been received from
the Secretary-General of the International Chamber of Commerce. This
will be included in the provisional agenda for the Sixth Session in order
that the Contracting Parties may determine whether they wish to discuss
the resolutions adopted by the International Chamber of Commerce as
suggested by the Secretary-General in his letter. Further material
relating to the I.C.C. resolutions will be distributed prior to the session.
"I have the honour to submit to you herewith, for consideration
by the Contracting Parties to the General Agreement on Tariffs and
Trade, the resolutions adopted by the XIIIth Congress of the Inter-
national Chamber of Commerce (Lisbon, June 11th to 16th, 1951), on
"International Trade and Governmental Regulations" (Brochure 153).
One copy of the English and French versions is enclosed, and you will
receive under separate cover four additional copies in both languages.
"All these resolutions are of direct concern to the Contracting
Parties. As stated in the introductory resolution, the I.C.C. believes
in fact that the primary responsibility for progress in this field
rests on the Contracting Parties under the commitment signed by them
in Article VIII of the General Agreement.
"It may be helpful, however, if I briefly recapitulate the
specific points upon which the I.C.C. recommends action by the
Contracting Parties.
"Introductory Resolution
- constitution of an international independent committee of exports
composed of representatives of business as well as of government
officials to start work on the elaboration of internationally
standardized rules for the improvement of existing administrative
machinery in the field of international trade;
- Recommendation to the signatory governments of the General
Agreement in favour of the constitution of a similar independent
committee of experts within each country to review present
administrative procedure and practice. GATT/CP .6/7
Page 2.
"Resolution I (Valuation of Goods for Customs Purposes)
adoption of a set of recommendations under Article VII of the
General Agreement along the lines suggested by the I.C.C.;
investigation of the possibility of drawing up a standard definition
of value for world-wide application on the basis of an appropriately
revised version of the definition already prepared by the Brussels
Study Group for European Customs Union.
"Resolution lI (Nationality of Manufactured Goods)
adoption by all governments of the definition of the nationality of
manufactured goods proposed by the I.C.C. and of the appended
principles relating to "provenance".
"Resolution III (Documentary Requirements)
simplification and standardization of documentary requirements along
the lines proposed by the I.C.C.
"Resolution IV (Consular Formalities)
abolition of consular invoices and consular visas.
"Resolution V (Formalities connected with Quantitative Restrictions)
immediate application of GATT Standard Practices and their completion
and strengthening along the lines suggested by the I.C.C.
"Resolution VI (Customs Treatment of Samples and Advertising Material)
preparation and signature of an international convention on this
subject (question already referred to the Contracting Parties by
the Economic and Social Council of the United Nations).
"It would be greatly-appreciated if the contracting Parties to
GATT could see their way to taking up any or all of the above subjects
at their Sixth Session Geneva next September." |
GATT Library | yr555dn7891 | Resolutions adopted by the International Chamber of Commerce : Proposals for discussion at the sixth session. Addendum | General Agreement on Tariffs and Trade, September 11, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 11/09/1951 | official documents | GATT/CP.6/7/Add.1 and GATT/CP.6/1-8 | https://exhibits.stanford.edu/gatt/catalog/yr555dn7891 | yr555dn7891_90070318.xml | GATT_140 | 530 | 3,872 | RESTRICTED
LlMITED B
GENERAL AGREEMENT ON GATT/CP.6/7/Add.1
TARIFFS AND TRADE 11 September 1951
TARIFFS AND TRADE ORIGINAL :ENGLISH
CONTRACTING PARTIES
Sixth Session
RESOLUTIONS ADOPTED BY THE INTERNATIONAL CHAMBER OF COMMERCE
Proposals for Discussion at the Sixth Session
Addendum
The letter from the Secretary General of the International Chamber of Commerce
(GATT/CP.6/7) requests the Contracting Parties to give consideration to certain
resolutions adopted by the Chamber's Congress in Lisbon in June 1951. This note
lists the material available in the office of the Secretariat relating to the
resolutions:
- "Invisible Barriers to Trade and Travel" (I.C.C. Brochure 130)1
- "International Trado and Governmental Regulations" (I.C.C. Brochure 153)1
- "International Convention relating to the Simplification of Customs
Formalities.", League of Nations, 1923.
- Report to the Council of the Economic Committee of the Leaguo of
Nations of 24 June 1931 (C.427.M.177.1931.II.B)
- Standard Practices for import and Export Restrictions and Exchange
Controls Document GATT/CP/123
- Brussels Customs Union Study Group - Convention on the Valuation of
goods for Customs Purposes.
Customs Union Study Group - Report of the Valuation Sub-Committee (No.306 E)
- Customs Valuation under the Brussels Definition. Part I and II
(No. 260E and 260E bis)
- Documents quoted in GATT/CP/98/Add.1 and distributed to all Contracting
Parties by the Secretary General of the United Nations:
Resolution 347 (XII) of March 7, 1951 - E/1943
Proposal from the I.C.C. -E/C.2/282 and Add.1
Summary Record of the Economic Committee E/AC.6/SR 102
lOne copy of the two I.C.C brochures will be distributed to each Delegation.
The other documents may be consulted at the office of the Secretariat. GATT/CP .6/7/Add .1
Page 2
These documents relate to the I.C.C. Resolutions as follows:
Introductory-Resolution
I.C.C. Brochure 130, page 5
I.C.C. Brochure 153, page 5
International Convention relating to the Simplification of
Customs Formalities , League of Nations, 1923
Resolution I(Valuation of ,Goods for customs purposes
I.C.C. Brochure 130, pages 10 and 17
I.C.C. Brochure 153, pages 7 and 15
Brussels Convention on Valuation
Report of the Brussels Valuation Sub-Committee
Customs Valuation under the Brussels Definition
Resolution II (Nationality of- Manufactured Goods
I.C.C. Brochure 130, page 9
I.C.C. Brochure 153, page 9
Report of Economic Committee of the League of Nations, page 16
Resolution III (Documentary Requirements)
I.C.C. Brochure 130, page 13
I.C.C. Brochure 153, page 10
International Convention relating to the Simplification of Customs
Formalities, League of Nations, 1923, Articles 11, 12.
Resolution IV(consular Farmalities)
I.C.C. Brochure 130, page 13
I.C.C. Brochure 153, page 11
International Convention relating to the Simplification of Customs
Formalities, League of Nations, 1923, Articles 11, 12.
Resolution V (Formalities connected with Quantitative Restrictions)
I.C.C. Brochure 130, page 8
I.C.C. Brochure 153, page 12
International Convention relating to the Simplification of Customs
Formalities, League of Nations, 1923, Article 3.
GATT/CP/123 reproduces the I.C.C. Resolution pursuing amendments to
the "Standard Practices for Import and Export Restrictions and
exchange Controls". GATT/CP .6/7/Add .1
Page 3
Resolution VI (Customs Treatment of Samples and Advertising Material)
I.C.C. Brochure 130, pages 15 and 20 (contains text of Geneva draft
Convention of 1935)
I.C.C. Brochure 153, page 14
International Convention relating to the Simplification of Customs
Formalities, League of Nations, 1923, Article 10.
Documents quoted in GATT/CP/98/Add.1. |
GATT Library | rk741fp9161 | Results of negotiations under article XXVIII : Which were unfinished at Torquay | General Agreement on Tariffs and Trade, September 11, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 11/09/1951 | official documents | GATT/CP.6/14 and GATT/CP.6/13-19 | https://exhibits.stanford.edu/gatt/catalog/rk741fp9161 | rk741fp9161_90070340.xml | GATT_140 | 1,083 | 6,148 | RESTRICTED
LIMITED B
GENERAL AGREEMENT ON GATT/CP. 6/14
TARIFFS AND TRADE 11 September 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
which were unfinishjed at Torquay
Results of Article XXVIII negotiations unfinished at Torquay,
are included on the agenda for consideration at the Sixth Session. Con-
tracting Parties were notified of the results of the negotiations by the
French Government with Ceylon, Italy, Liberia, Nicaragua and Syria in
documents GATT/CP/119 and Adds. 2 and 3, and the new and modified concessions
Were circulated as documents SECRET/CP/17 and 18. They became effective on
7 July, 10 August and 22 August. The Cuban Government notified (GATT/CP/119/
Add.1) that the negotiations between Cuba and the United States had not been
completed by the date set. The Secretariat has not been informed of any
change to Schedule IX.
Contracting Parties may wish to consider whether a special
protocol should be drawn up to formalize the changes resulting from these
negotiations or whether, since they would have been included in the Torquay
Protocol if the negotiations had been completed in time and have already been
made effective according to a specific procedures it might be possible to
include these changes in the Sixth Protocol of Rectifications.
The modifications to the French Schedule are set forth in the
annex to this document. GATT/CP. 6/14
Page 2.
A N N E X
SCHEDULE XI - FRANCE
[Rectifications] to this Schedule are authentic
only in the French language
PART I - Most-Favoured-Nation Tariff
After Item 67 C
Insert the following new item:
"ex 67 D Garlic ........................................... .-a a a. a. 1 0%"
Item ex 67
Insert the fol:lowing new subitem
earl ....................................... %" a 0 ..... 0. a , 6 0 0 30,
After ex 7C
Inesert the following new itm:
"72 ........... . . L..em.ons ..C . . . . . *., . . ' 15%
e: x 7
Delete" the reference " (a) and the footnote at the bottom of
the page.
fter item 75 B
Insert the following new item:
"ex 77 D Plums, entered:
from June 1st to October .31st inclusive . . 15% GATT/CP.6/14
Page 3.
Item 112 B
Delete the reference "(a)" and the footnote at the bottom of the page.
Item 112 C
Delete the reference "(a)" and the footnote at the bottom of the page.
Item 112 M
Delete the reference "(a)" and the footnote at the bottom of the page.
Item 112 Q
Delete the reference "(a)" and the footnote at the bottom of the page.
After item 146 E
Insert the following new items:
"146 F sesame oil, crude:
intended for soap works . . . . concession withdrawn
other . ................... a............... ... . concession withdrawn.
146 G colza, rapeseed, mustard, camelina
oils and oils of other cruciferous plants,
crude
intended for soap works . . . . concession withdrawn
-other . . . . . . . . . . . . concession withdrawn"
4ItHem I6
Delete the reference "(a)" and the footnote at the bottom of the page.
Item 46 K'
Delete the reference "(a)" and the footnote at the bottom of the page.
After item 212
Insert the following new item:
ex 217 A Vermouth, imported otherwise then in bottles, flasks,
ara, and similar containers, containing
up to 5 litre...........................................s .". .e* * 40%0
Insert the following new item:
"ex s616 Essential oil,, not "detleruipened" solid or iqd:
-of ina oraz;a abitter ............................ora8%7nge * . .. *
-rniaoulloi, lemon-gassc, cves . . . cwnonession withdra" GATT/CP.6/14
Page 4.
After item 891
Insert the following new item:
"899 Raw silks entered otherwise than in hanks
or skeins ........ ........................* * " .... free
921 Bb t the
following new items:
"928 A and B
"929 A ad B
"930 A and B
"933 A and B
Yarn of acetate rayon pure, or mixed, not
prepared for retail sale . . . . . . . . . 20%
Thread of viscose rayon and other continuous
artificial fibresvpre , or mixed, not put
up for retail sale ....... ... ......20%
Yarn of rayon and other continuous
artificial fibres, pure or mixed, put
up fr retoail sale . . . . ....... . . . 20%
Yarn of cellulose-wool and of other
discontinuous artificial fibres, pure.
or mixed, not put up for retail sale ,
"936 A and B
Hemp yarn or genista yarn, pure
single or twisted, glazed . . 0
or mixed
O *
B m item 97k )
Insert under te heading the following new items:.
ex 974 A
"ex 974 B
-Bleached:
--other . .
-scoured, creamd
--other . . .
* a 900
or bleached
* .0
ed * . 0 0 C 0 0
Aftr item 974 D
Insert the following new ite
977 Dizy, damask, and the like weighing
140 g. or more per sqpetre, or pure
cotton and assimilated fabrics . .
"978 Pique and repof pure cotton and
assimilated fabrics. . * . 4 o
23% "
"974
25%
25%
0
0
* *
25%
23% GATT/CP.6/14
Page 5.
After item 974 D (co td n)
"979 A and B Pure cot,ton fabrics and assimilated
fabrics, brocade. . . . . . . . ...d %. . . .. * 5X I
"980 A to D
Pure cotton fabrics, and assimilated
fabrics, figured, not elsewhere
specified or included, not mercerised 25%"
Before item 81 D
Insert under the heading the following new items:
"981 A
"981 B
"981 C
. . . . . .... . .. .. .-unbleached . . .*. . . .
-coured, creamed o . . .. . ..> . r bleached . .
.. .. .. . .. .. . .. . .. .. .. . .-dyed ... * * * e
Afteritem 981 D
Insert the following new items:
"990 A to C
"991 A to C
"xe1028
Hemp fabrics or genista fabrics,
pure or mixed, plain . . . . . . . .
Hemp fabrics or genista fabrics,
pure or mixed, figured . . . . . .
Cotton looped fabrics:
-not woven on Jacuard loom:
. .. . . . .. . . . .--unbleached , * * * ,
.. .. . . .. . .. ... --dyed . * *..*..
-wov:en on Jacquard loom
....... . ...--unbleahed . . . ,* . * .
. . . .. . .. . . -dyed * . o . * * & 9 *
'_z7.,r-~~~go
25
35%
25%
28%
20%
20
20/% |
GATT Library | ks957dv5777 | Results of negotiations under article XXVIII which were unfinished at Torquay : Addendum statement by the Delegations of Cuba and The United States | General Agreement on Tariffs and Trade, September 18, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 18/09/1951 | official documents | GATT/CP.6/14/Add.1 and GATT/CP.6/13-19 | https://exhibits.stanford.edu/gatt/catalog/ks957dv5777 | ks957dv5777_90070341.xml | GATT_140 | 336 | 2,474 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
ON TARIFFS AND LES TARIFS DOUAlNERS LIMITED B
TRADE ET L'E COMMERCE ~~~~~GATT/CP.6/1.1/dd4.*
TRADE ELl'T E COMMERCE 18 September 1951
BILINGUAL
CONTRACTING PARTIES
Sixth Session
Resultse otiof Ngatinons uder Article XXVIII which
unwere herfinid rqaty Toua
menStten by the Datioesleg of LCuba
C~t a ad-The United States
Cergovernments of thetain neStgotiations bbetween the aeil.tsl& re Unite &cates and Cuta were
begun at Triquay and continued under the authorization g1en to the government of
Cuba in the Resolution of oApril 3 1951, (GATT/CP/107) on procedures fi completing
Article XXVIIGovernmentI negotiations unfinished at Torquay. The of Cuba notified
the Contracting Parties (GATT/CP/119/Add) that these negotiations were not completed
as of July 1, 1951 This situation remains unchanged and the governments named expect
to continue to seek agreement and will notify to the Contracting Parties any results
that may be reached For this purposeph, tohey request that the date in paragrab5 P
the Reslution of April 3, 1951 be extended from July 1, 1951 to the opening date of
the Seve.nth Session of the Contracting Parties
PARTIE.CONTrCTANTES
Sixime Session
Rsaultatts desl' nelations en aes u tire de lVartic XXVIII
uay inacheve LTorua
ations de Cuba et des Etats-Unissd~le'atiosd ~~el des Etats-Ui
Certaines ngociations entire-U les gouvernements'des Etatslis et de Cuba avaient
e ntamees'a Tquay eét elles se sont 'prolonge's envertéu de liautoisation donnee au
gouveérnement de Cuba par la Rsolution du 3 asurvril 1951é (GATT/CP/107) les procdures
perméettant des terminer les ngociation au titre éde l'articélse XXVIII restes inacheve
Torquay. Le gouverénement de Csuba a notifieaux PartieaContractantes (GATT/CP/119/
Add.) qéue ces neociationés nà'etient pas terminde 'aa dat.e due ler juillet 1951,Ctit
séituation n'a pas chang depuis et les gouvernem'ents en question ont lintention de
continuer relcherchfer un accord;r i3 notiAero't auxaPetieés Contractantes les rdul-
tats auxéquels ils abo.utiront ventuellement A cet effet, ils demandent que la date
ixe au éparagraph 5e la Resolti1on du 3 avriél 195' sot irleportee d ler Juliet
1951 la date d'ouveérture de la Septize Session desa Par.ties Contractetes, |
GATT Library | hq188qk3685 | Review of Import and Eestrictions | General Agreement on Tariffs and Trade, January 11, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 11/01/1951 | official documents | GATT/CP/ 93 and GATT/CP/93+Add.1,+Add.1/Corr.1-3 | https://exhibits.stanford.edu/gatt/catalog/hq188qk3685 | hq188qk3685_90300345.xml | GATT_140 | 239 | 1,667 | File
ACTION
GENERAL AGREEMENT ON RESTRICTED
LIMITED C
TARIFFS AND TRADE GATT/CP/ 93
J ~~~~~~~~~11 January 1951,
CR T(ruNA T. J
CONTRACTING PARTIES --
Review of Import and Eestrictions
1. The Coonracting Parties, at their Fifth Sessiui in November-December
1950, decided to invite contracting parties to submit statements on action
which they are taking under the provisions of the Agreement which allow the
maintenance of quantitative restrictions on imports or exports as exceptions
to the general rule of paragraph 1 of Article XI. It was decided to ask
for the following:
(i) A description of each measure of restriction and of the
methods used in application.
(ii) A list of the products to which each measure is applied,
together with relevant statistics of external trade,
(iii) If not inconrzerntn a copy of each of the laws, regulations
and decrees authorizing or enforcing the measures of
restriction.
2* It is understood that contracting parties are not expected to include
in these statements the restrictions applied for balance-of-payments
reasons under the provisions of Article XII or to furnish any information
the disclosure of which they would consider contrary to their security
interests (cf Article EtI (a) )
3. The statements should reach the Executive Secretary in Geneva by
Xag_1,,-.1 The stetements should be in English and/or Fronch. Three
copies should be sent by airmail and 50 copies by surface post for distri-
bution to other contracting parties.
. t A t~~~~~~~~~~~~~7 |
GATT Library | zt131ns8565 | Revision of chapter 3. - Methods of restriction | Contracting Parties, October 13, 1951 | Contracting Parties | 13/10/1951 | official documents | GATT/CP.6/12/Rev.1 and GATT/CP.6/9-12 | https://exhibits.stanford.edu/gatt/catalog/zt131ns8565 | zt131ns8565_90070329.xml | GATT_140 | 2,612 | 16,858 | GATT/CP.6/12/Rev.1
(SPECIAL DISTRIBUTION)
CONTRACTING PARTIES 13 October 1951.
Sixth Session.
REVISION OF CHAPTER 3. - METHODS OF RESTRICTION
1 (1) The Limitation of Imports
2 The common form of the restriction on imports is the prohibition-except-
3 under-licence promulgated by the government as a regulation governing the
4 conduct of private trade. Quantitative restrictions are imposed by laws
5 and decrees, and an administration is established to examine applications
6 for permission to import.
7 Article XIII provides a guide for contracting parties in administering
8 their restrictions. If possible the total amount of each product to be
9 admitted in a future period (the global quota) is to be announced in
10 advance. A global quota may be open for imports from any source or it may
11 be divided among supplying countries; if divided the allocation is to be
12 made if possible by agreement with all the contracting parties having a
13 substantial interest in supplying the product concerned. Alternatively,
14 the global quota may be divided among countries of supply in proportion to
15 the quantities imported during a previous representative period, adjust-
16 ments being made for special factors with may have affected the volume or
17 direction of trade. It appears, however, that there is no instance in which
18 multilateral agreement has been sought for the division of a quota among
19 supplying countries, and the representative-period method also is seldom
20 used. Owing to the prevailing practice of discrimination under Article XIV,
21 the procedures for the allocation of quotas are adapted to the overriding
22 consideration of the availability of the currency in which payment will
23 have to be made. If quotas are fixed at all, they are fixed either in. - 2 -
1 relation to earnings of foreign currencies or bilaterally in negotiations with
2 countries of supply. But often the restriction is effected administratively
3 through the treatment of individual applications for licences.
4 The curtailment of expenditure on imports for the purpose of safeguarding
5 the balance of payments may be applied also to trade conducted by, or on
6 behalf of, the state, and therefore the General Agreement stipulates that
7 the term "import restrictions", as used in articles XI to XIV, includes
8 "restrictions made effective through state-trading operations". The only
9 contracting party which exercises a full governmental control of imports is
10 Czechoslovakia, where importation is a function of monopoly, state-owned,
11 trading companies. A programme of importation is approved for each company
12 as part of the total import plan. The fulfilment of import programmes of
13 the companies is subject to control of the Ministry of Foreign Trade which
14 ensures that the trading activities of the companies conform to the Economic
15 Five-Year Plan and the commitments to other governments. The Czechoslovak
16 Government states that the balance of current payments, excluding trade, is.
17 passive, and therefore an effort is made to obtain a surplus on trading
18 activities. The programmes of the importing companies are trimmed so as to
19 require a smaller expenditure in foreign exchange than is earned by
20 exportation.
21 The reduction of expenditure on imports by other contracting parties
22 may be achieved in part by instructions to government departments, state
23 monopolies and to purchasing commissions disposing of public funds to
24 restrain their buying programmes. For most contracting parties the propor-
25 tion of trade conducted by monopoly agencies or privileged enterprises is
26 small and has tended to decline since 1948 as the trade in various commodities
27 is returned to private hands. Nevertheless, in the trade of the United Kingdom
28 it amounted in 1950 to 41%, and in the trade of France to nearly a quarter, - 3 -
1 of total imports. For those contracting parties which have an extensive trade
2 of this character the instructions to the buying agencies constitute an
3 important element in the restrictive policy. Virtually every government
4 today conducts some trade on its own account. Finland, France, Germany,
5 Greece, Netherlands, Norway: Sweden, Turkey and the United Kingdom have
6 reported that restrictions for balance-of-payment reasons are applied in
7 varying degrees to state purchases.
8 (ii) The Practice of Discrimination
9 The discriminatory application of restrictions maintained under
10 Article XII was examined by the CONTRACTING PARTIES at their Fourth Session
11 in March 1950, and a report, as noted above, was approved and published.
12 Article XIV: 1(g) of the Agreement requires an annual report by the CONTRACTING
13 PARTIES so long as governments continue to deviate from the rule of non-.
14 discrimination of Article XIII. This they may do so long as they are availing
15 themselves of the post-war transitional period arrangements under Article XIV
16 of the Articles of Agreement of the International Monetary Fund or of analogous
17 provisions of special exchange agreements between the governments concerned
18 and the CONTRACTING PARTIES. Twenty-two of the governments which are taking
19 action under Article XII of the General Agreement are availing themselves of
20 the arrangements in the Articles of Agreement of the Fund, while Indonesia has
21 availed itself of the analogous provisions of its special exchange agreement.
22 Burma, Germany and New Zealand are not members of the Fund and have not yet
23 accepted special exchange agreements.
24 Contracting parties applying import restrictions to safeguard their
25 balance of payments are permitted-under Article XIV to follow one or other
26 of two sets of rules which limit the: ?nner and extent of their deviations
27 from the rule of non-discrimination. The first, called "the Havana option",
7 - 4 -
permits a contracting party -
under paragraph 1(b) of Article XIV to maintain discriminatory
trade restrictions having an effect equivalent to exchange restric-
tions which it may at the time apply under the transitional period
arrangements of the Articles of Agreement of the Fund, and
under paragraph 1(c) to maintain (and adapt to changing circum-
stances) any discrimination involved in balance-.of-payment import
restrictions which were being applied on 1 March 1948, but which
would not be covered. by paragraph 1(b).
The second, contained in annex J, called "the Geneva option", permits the
contracting parties which have elected to be governed by its provisions to
administer their balance-of-payment import restrictions discriminatorily
in such a way as to increase the total of their imports above the level
which could be obtained if restrictions were applied without discrimination
between sources of supply. For the sake of simplification it may be said
that, subject to stated conditions and limitations, Article XII permits a
governments to determine what and how much will be imported, while Article
XIV permits it to determine where the goods for importation will be bought.
If no discrimination is intended, licences which allow importers to
obtain supplies from any source up to the total amount, or "global quota",
can be used. But licences bearing no reference to the country, or to the
currency area, of supply are uncommon while governments are availing
1 This paragraph contains a mere paraphrasing of the provisions of the
Agreement. Hence it is necessary to repeat the qualification, which
appeared in the First Report on the Discriminatory Application of Import
Restrictions that both Article XIV and Annex J include procedures for
reporting and many important provisions aimed at avoiding the misuse of
discriminatory import measures and limiting any longer-term adverse effects
that such discriminatory practices might tend to produce. For this reason
the above paragraph should not be used as a basis for considering the con-
sistency of any particular import practice with the terms of the General
Agreement; for that purpose direct reference to the terms of the Agreement
itself would be essential.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
19
20
21
22 - 5 -
1 themselves of the transitional period arrangements for the discriminatory
2 application of restrictions. In these circumstances it is only for use
3 within specified areas (or alternatively for imports from any source other
4 than specified areas) that such licences are granted. Otherwise the licence
5 is valid only for a particular purchase - a fixed quantity at a known price
6 and from a specified source. In state-trading operations, on the other
7 hand, discrimination is effected by permitting the agent or monopoly manage-
8 ment to place orders freely in specified countries whose currencies can be
9 provided for payment, while limiting purchases from areas with which there
10 are balance-of-payment difficulties, instead of basing the choice of supplier
11 solely upon commercial considerations such as price, quality, marketability
12 and other conditions of sale.
13 Unilateral Methods - Discrimination is made effective generally by
14 drawing a distinction between countries in accordance with availability
15 of the currencies required for payment. In the planning or programming of
16 imports, which is a common practice of countries applying restrictions, the
17 quotas allocated to the various countries are determined in accordance with
18 anticipated currency earnings. Where quotas are allocated among sources of
19 supply, the allocation has been simplified very often by the issue of "open
20 general" licences which are valid for imports from any country in a
scheduled list or for payment in a given currency. In fact some contracting
22 parties have reduced the method of discrimination to a distinction between
23 two lists of supplying countries, the composition of which may change from
24 time to time. If quotas are not allocated in advance the issue of each
25 licence is an individual administrative decision, and for imports in hard
26 currencies the licences are issued only if it can be shown that the goods - 6 -
1 to be imported command a high priority an cannot be obtained at an acceptable
2 price in a soft-currency country. The test of essentiality and price advan-
3 tage is less rigid for soft-currency imports and in some instances even the
4 requirement of licences has been waived altogether or is merely a formality.
5 The contracting parties which are governed by Annex J implement the price
6 provisions of the Annex by administrative procedures involving a comparison
7 of relative prices in various markets.
8 This unilateral method of determining the incidence of the discrimina-
9 tion policy is practised in some degree by all the contracting parties which
10 are restricting imports. Except where an open licence for imports from
11 soft-currency areas is in force or where the allocation of a quota is
12 arranged by agreement with the exporting country, the determination of the
13 national shares and the distribution of licences remain in the hands of the
14 government applying the restriction. With few exceptions this is the method
15 used in determining the volume of imports to be admitted from hard-currency
16 countries - the administration retains flexibility and no commitment is made
17 as to importation or the issue of licences. By this means the spending of
18 hard currencies can be kept within the limits of current earnings. When
19 restrictions are made effective administratively - that is, by decisions in
20 respect of individual applications for licences without the fixing of quotas -
21 the restricting government may nevertheless have an established though
22 unannounced programme for importation. These import programmes relate
23 principally to importation from hard-currency countries and are frequently
24 revised in accordance with availability of the currencies required for
25 payment.
26 A number of countries use this unilateral method almost exclusively: I I
1 the volume of their imports from soft- and well as from hard-currency countries
2 is not fixed in advance except, possibly, in their own import programmes
3 which, however, may be modified without reference to the countries of supply.
4 The other countries use a combination of unilateral and bilateral methods.
5 Bilateral Methods - It has become a common practice with many
6 governments to enter into bilateral negotiations on the quantities or total
7 values of various goods or classes of goods to be imported from each other
8 within fixed periods of time. The resulting agreements provide for the supply
9 or purchase of minimum quantities or for making available fixed total values
10 of foreign exchange to be used in the purchase of specified goods. Most
11 agreements incorporate commitments which vary from estimates of total imports,
12 or schedules of quotas for products for which the governments of the importing
13 countries are prepared to issue licences, to undertakings to purchase or supply
14 fixed quantities of stated commodities. The governments which are parties to
15 these agreements endeavour by these means to increase their trade with one
16 another. There is now an extensive network of such bilateral agreements,
17 some of the contracting parties having as many as twenty.1
18 There has been a tendency recently for governments to make more use of
19 quotas which are valid for imports from a specified group of countries, thus
20 widening the importer's choice of country of supply. To that extent the scope
21 of bilateral bargaining has been reduced. One of the reasons why this practice
22 is not more widely adopted is the fact that it reduces a government's
23 bargaining power vi à-vis other governments which adhere more strictly to
24 the allocation of cnotas to particular sources of supply.
A list of current trade and payments agreements was published as a
Supplement to the International Trade News Bulletin in August 1951. - 8 -
Group Arrangements - The CONTRACTING PARTIES recorded in their first
report on discrimination that a majority of the governments taking action
under Articles XIl and XIV belong to one or other of two groups of countries,
namely those which belong to the sterling area and the members of the Or-
ganization for European Economic Cooperation.
Some of the arrangements of the sterling area were described in the
first report. Most of the exemptions from restrictions and formalities
which sterling area countries accord to each other are now extended to other
soft-currency countries. Practically all countries of the sterling area
are still restricting imports from the dollar area, though several of them
have enjoyed the surpluses in their balances of current dollar payments.
At various times during the past few years the current net earnings of
United States dollars by Australia, Ceylon, India and New Zealand have provided
examples of this type of situation.
The members of the other group - the Organization for European Economic
Cooperation - have adopted a programme for the removal of quantitative re-
strictions on intra-European trade which has a bearing upon the discriminatory
application of their restrictions. Under this programme, the restrictions
have been removed from an agreed percentage of each country's trade on
private account with other participants, and several countries in the
group have extended these exemptions to certain countries which are not
members. The participating governments have stated that the removal of
restrictions within the area was made possible by the establishment of.
transferability of their currencies through the European Payments Union.
And they have stated the objectives of the scheme to be, first, to restore com-
petition and to create an European market within which goods might circulate
more freely and, secondly, to contribute to the utlimate restoration of
multilateral trade throughout the world.
=I
1
2
3
4
5
6
7
8
9
10
11
2
13
14
15
16
17
8s
19
20
21
22
23
24
25
26
27
28 |
GATT Library | fw894tb5671 | Schedule II (Torquay) - benelux : (Item 75 - Section A, Part I) | General Agreement on Tariffs and Trade, June 28, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 28/06/1951 | official documents | GATT/CP/120 and GATT/CP/120 | https://exhibits.stanford.edu/gatt/catalog/fw894tb5671 | fw894tb5671_90310074.xml | GATT_140 | 380 | 2,391 | RESTRICTED
GENERAL AGREEMENT ON LIMITED C
GATT/CP/120
TARIFFS AND TRADE 28 June 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
SCHEDULE LI (TORQUAY) - BENELUX
(Item 75 - Section A, Part I)
On 7 April 1951, a "secret" note, distributed in one copy to each of
the Delegations still present at Torquay, brought to the attention of
delegations the exchange of letters referred to in Note 1 to the above item
in the Benelux Schedule.
In order that all contracting parties may be informed of the text of
the letters exchanged, they are hereafter reproduced:
1. Text of letter from the Delegation of the Benelux countries to the
United States Delegation:
'We have the honour to confirm that in the course of the tariff
negotiations between the United States of America and the Banelux
countries at Torquay, the two delegations agreed that the tariff quota
of 65,000 metric tons per annum of wheat flours to be imported free
of customs duty into the Benelux countries) will be a tariff quota
for the Netherlands only.
"Although the quota is shown in Schedule II, Section A, Part I
as a quota for the importation into Benelux, under the existing admi-
nistrative arrangements the whole quota will be imported free of
customs duty under control of the Netherlands Monopoly only into the
Netherlands for consumption exclusively in the Netherlands.
"We would appreciate your concurrence in the above understanding."
2. Text of letter from the United States Delegation to the Delegation of
the Benelux countries:
"I have the honor to acknowledge the receipt of your letter of
April 2, 1951, and to confirm that in the course of the tariff nego-
tiations between the United States of America and the Benelux countries
at Torquay) the two delegations agreed that the tariff quota of 65,000
metric tons per annum of wheat flour to be imported free of customs
duty into the Banelux countries, will be a tariff quota for the
Netherlands only.
"I further understand that although the quota is shown in Schedule
II, Section A, Part 2: as a quota for the importation into Benelux, under
the existing administrative arrangements the whole quota will be im-
ported free of customs duty under control of the Netherlands Monopoly
only into the Netherlands for consumption exclusively in the Netherlands." |
GATT Library | bc246hc4797 | Schedule IX - Cuba : Renegotiations with the United States | General Agreement on Tariffs and Trade, February 21, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 21/02/1951 | official documents | GATT/CP/71/Add.3 and GATT/CP/71 + Add.1- +Amend.1 | https://exhibits.stanford.edu/gatt/catalog/bc246hc4797 | bc246hc4797_90300279.xml | GATT_140 | 284 | 1,871 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP/71/Add.3
TRADE ET LE COMMERCE 21 February 1951 BILINGUAL
CONTRACTING PARTIES
SCHEDULE IX - CUBA
Renegotiations with the United States
In GATT/CP/71/Add.2 it was stated that if no objection is received by the
Executive Secretary by 14 February 1951, the results of the renegotiations
between Cuba and the United States on Items 127 A, ex 137 F, 142 E and F and
314 B and C in Part I of Schedule IX would be considered as definitively in
forces No such objection has been received to date and hence each of the
changes provided for in the renegotiations as reported in GATT/CP/71/Add.l
and GATT/CP/71/Amend.1 is now applied as if it had been inserted in its
appropriate numerical order in Schedule IX. The changes in Schedule IX will
be incorporated in Cuba's Torquay Schedule.
PARTIES CONTRACTANTES
LISTE IX - CUBA
Les renegociations avec les Etats-Unis
II etait indique dans le document GATT/CP/71/Add.2 que si aucune objection
ne parvenait au Secretaire executif avant le 14 fevrier 1951, les resultats
des renegociations qui ont eu licu entre Cuba et les Etats-Unis pour les
positions 127 A, ex 137 E, 142 7 et 7 et 314 D et C de la partie I de la Liste
IX seraient consideres comme 6tant entres definitivement en vigueur. Aucune
objection n'ayant ete reçue par le Secretariat a cotte date, chacune des
modifications prevues dans ces renegociations ot mentionnees dans les documents
GATT/CP/71/Add.l et GATT/CP/71/Amend.l est maintenant appliquee comme si elle
avait ete insere dans la Liste IX sous son numero a-proprie. Les modifications
apport6es a la Liste IX seront incorporees a la Liste de Cuba etablie aTorquay. |
GATT Library | sp706vv2991 | Schedule IX - Cuba : Report an Renegotiations with the United States | General Agreement on Tariffs and Trade, January 15, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 15/01/1951 | official documents | GATT/CP/71/Add.2 and GATT/CP/71 + Add.1- +Amend.1 | https://exhibits.stanford.edu/gatt/catalog/sp706vv2991 | sp706vv2991_90300278.xml | GATT_140 | 383 | 2,452 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP/71/Add.2
TRADE ET LE COMMERCE 15 January 1951 BILINGUAL
CONTRACTING PARTIES
SCHEDULE IX - CUBA
Report an Renegotiations with the United States
The results of the renegotiations between Cuba and the United Statea on
Items 127 A, ex 137 F, 142 E and F and 314 B and C in Part I of Schedule IX
were reported in GATT/CP/7:4 71/Add.l and 71/Amend.l. These results were
reported to the Contracting Parties on November 3 (GATT/CP.5/SR.2) and their
incorporation in Schedule IX was approved.
The Contracting Parties are hereby notified that, if no objection has*
been received by the Executive Secretary by the 30th day following the date
of this notice, i.e., by February 14, 1951, the results of these renegotiations
will be considered as definitively in force and each of the changes provided
for therein shall be applied as if it had been inserted in its appropriate
numerical order in Schedule IX. In such case a notification will be issued
informing the Contracting Parties that the results of the renegotiation have
so entered into force.
PARTIES CONTRACTANTES LISTE IX - CUBA
Rapport sur les les renegocitions avec les Etats-Unis
Les resultats des renegociations qui ont eu lieu entre Cuba et les Etats-
Unis pour les positions 127 A, ex 137 F, 142 E et F, et 314 B et C dans la Partie
I de la Liste IX, ont fait l'objet des documents GATT/CP/71, 72/Add.l et 71/
Amend.l. Ces resultats ont ete portes a la connaissance des Parties Contrac-
tantes le 3 novembre (GATT/CP.5/SR.2) et leur incorporation a la Liste IX a ete
approuvee
La presente note a pour but de notifier aux Parties Contractantes que, si
aucune objection n'est communiquee au Seoretaire executif dans les 30 Jours qui
suivront la date de cet e notification, c' est-a-dire le 14 fevrier 1951 au plus
tard, les resultats de ces renegociations seront consideres come etant defi-
nitivement entries en vigueur et chaune des modifications qui y sont prevues sera
appliques comme si elle avait ete insede dans la Liste TX sous le No approprie
Dans ce cas, une notification adressee aux Parties Contrac antes les informera
que lea resultats de ces renegociations sont entries en vigueur comme il est
indique ci-dessus. |
GATT Library | rw272br1145 | Schedule XX - United States : Modification of Item 1530 (c) Schedule XX (Torquay). Addendum | General Agreement on Tariffs and Trade, August 31, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 31/08/1951 | official documents | GATT/CP/122/Add.1 and GATT/CP/122+Add.1 | https://exhibits.stanford.edu/gatt/catalog/rw272br1145 | rw272br1145_90310078.xml | GATT_140 | 178 | 1,121 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED C
GATT/CP/122/Add .1
31 August 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
SCHEDULE XX - UNITED STATES
Modification of Item 1530 (c) Schedule XX (Torquay)
Addendum
Notice of the proposed modification by the United States Govornment
of item 1530 (c) in Schedule XX (Torquay) was given in document GATT/CP/122
on 31 July 1951.
No objection having been received by the Secretariat within thirty
days of the date of the notification, item 1530 (c) will now read:
Description of Products Rate of Duty
Lather (except leather provided for
in subparagraph (d) of paragraph
1530, Tariff Act of 1930), made
from hides or skins of animals
(including fish and bird, but not
including cattle of the bovine
species), in the rough, in the white,
crust, or russet, partly finished or
unfinished:
Made from goat, kid, lamb, or
sheep skins (oxcept chamois,
garment, and glove leather)
Garment ance glove (except
leather made from goat, kid,
lamb, sheep, pig or reptile
skins) ...............
10% ad val ,
10% ad val.
Tariff Act
of 1930
1530 (c) |
GATT Library | bz010tb3422 | Schedule XX - United States : Propsed Modification of Item 1530 (c) in Schedule XX (Torquay) | General Agreement on Tariffs and Trade, July 31, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 31/07/1951 | official documents | GATT/CP/122 and GATT/CP/122+Add.1 | https://exhibits.stanford.edu/gatt/catalog/bz010tb3422 | bz010tb3422_90310077.xml | GATT_140 | 325 | 2,050 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED C
GATT/CP/122
31 July 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
SCHEDULE XX - UNITED STATES
Propsed Modification of Item 1530 (c) in Schedule XX (Torquay)
1. The United States Government has advised that, in the preparation
of Part I of Schedule XX (Torquay), chamois leather was inadvertently
included in the language used to describe the products on which a tariff
concession was granted by the United States under tariff Item 1530 (c).
2. The concession on the products included in the items other than
chamois leather, was initially negotiated at Torquay with France. The
item reads as follows:
Tariff Act
of 1930
Description of Products
Rate of Duty
1530 (c) Leather (except leather provided for
in subparagraph (d) of paragraph
-1530, Tariff Act of 1930), made
from hides or skins of animals
(including fish and bird, but not
including cattle of the bovine
species); in the rough, in the white,
crust, or russet, partly finished or
unfinished:
Made from goat, kid, lamb, or
sheep skins (except garment
and glove leather) ............. 10% ad val.
Garment and glove (except
leather made from goat, kid,
lamb sheep, pig or reptile
skins) ............................. 10% ad val.
3. The Government of the United States reports that "this matter has been
discussed with the Governments of Franco and of the United Kingdom, which has
been the principal source of imports into the United States of chamois leather,"
and that they have agreed to the modification of the first subdescription of
Item 1530 (c) to read as follows, excluding chamois leather therefrom:
Made from goat, kid, lamb, or
sheep skins (except chamois,
garment, and glove leather) ...... 10% ad val.
4. Provided no objection to the modification is lodged with the
Secretariat within 30 days of the date of this notification, the text, so
modified, will determine the obligation of the United States Government in
respect of Item 1530 (c) of its oustons tariff. |
GATT Library | jb743yt2908 | Schedule XX - United States Withdrawal of Concessions negotiated with China. (Article XXVII) | General Agreement on Tariffs and Trade, May 21, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 21/05/1951 | official documents | GATT/CP/l15 and GATT/CP/115+Add.1-3 | https://exhibits.stanford.edu/gatt/catalog/jb743yt2908 | jb743yt2908_90310051.xml | GATT_140 | 1,598 | 10,197 | RESTRICTED
GENERAL AGREEMENT ON GATT/CP/l15
TARIFFS AND TRADE 21 May 1951
CONTRACTING PARTIES
Schedule.XX - United States
Withdrawal of Concessions negotiated with China
(Article XXVII) ....
The United States Government, referring to the communication of the
Secretary-General of the United Nations circulated by the Secretariat as doo-
ument GATT/CP/54 of 8 March 1950 which announced that the Republic of China
had withdrawn from the General Agreement, has resorted to the provisions of
Article XXVII and withdrawn from Part I of Schedule XX of the General Agreement
a number of concessions originally negotiated with China.. This action was taken
by a Presidential Proclamation of 12 October 1950, which gave effect to the
withdrawal of the listed concessions on 21 December 1950.
1 1.1. An announcement of the United States Government's intention had
been made on 31 August 1950 and, before that date, all contracting parties
had received notification of a list of items which the U.S. Government
proposed to withdraw, in order that they might have an oppochunity to
consult in accordance with the provisions of Article XXVII. A number
of consultations were requested and the items involved were for the time
being removed from the list of concessions which it was proposed to with-
draw.
The U.S. Government have informed the Secretariat that they may
wish to withdraw some additional concessions originally negotiated with
China, in which case due notice will be given. Should such concessions
include any not originally notified as items which the U.S. proposed to
withdraw, action would be taken only after opportunity to consult had
been given to the other contracting parties.
The following are the concessions which have been withdrawn from
Part I of Schedule XX: GATT/CP/115
Page 2.
Item
(paragraph)
54 [thing]
58 . . .
60....... .
209 [thing]......
214 ..............
233 ..........
302(c) . . ....
339 ..............
. 376 [first].......
376 [second]....
397 ...........
409[thing].......
712 [second].......
713 [first]......
713 [second].....
713 [thing].....
Rates of Duty
3c per lb.
7-1/2% ad val. [second such rate
identified only as to camphor oil
and ho oil included in "0ther"]
10% ad val. [identified only as to
musk, grained or in pods]
Both rates
20% ad val. [second such rate]
25% ad val., [identified as to all
articles except those wholly or
in chief value of rock crystal]
38, per lb. on the metallic
tungsten contained therein
32-1/2% ad val.
14 per lb.
1/44 per lb.
32-1/2% ad val. [first such rate]
5/84 per lb,
54 per lb. [identified as to all
birds, except whole chicken
packed in air-tight containers]
54 per doz.
74 per lb.
174 per lb.
per lb. net wt
15% ad val, [second such rate]
15% ad val ,[ third such rate]
3/204 per lb. [identified only as
to peanut oil cake and peanut
oil-cake meal]
719 (1) (2) (3),
(4), and (5).......
730 [fift]........ GATT/CP/115
Page 3.
Item
(Paragraph)
Rates of Duty
739 ...............
741..................
748 ..............
752 [second].........
760 ................
761 [first]............
761 [thing]...........
762 ...................
771 [thing]......
775 [thing]........
775[fifth]..........
1-1/2, per lb.
17-1/2% ad val.
17-1/2% ad val,
17-1/2% ad val.
7-1/24 per lb.[first such rate]
154 per lb. [identified only as
to walnuts of all kinds, shelled]
1-1/43 per lb. second such Tate]
2-2/24 per lb.
17-1/2 ad val.
1-1/24 per lb.
14 per lb.
1-1/2, per lb.
17-1/2% ad vale
17-1/2% ad val. [identified only as
to soy beans, prepared or preserved
in any manner; and bean stick, miso,
bean cake, and similar products, not
specially provided for]
8% ad val.
1-1/%, per sq. yd.
20% ad val. [identified only as to
floor coverings of grass or of
rice straw included in "Other"]
All rates
Free, subject to the provisions of
paragraphh 1101(b), Tariff Act of
1930, as amended [identified only
as to hair of the camel/
778 ................
1021 [first]........
1021 [thing]........
1101(a) [second].......
1101(b) ............ GATT/CP/115
Page 4.
Item
(Paragraph)
1504 (b) . . . . . . .
(1), (2),
(3), and
(4)
1506 [first].........
1507 .....................
1515 .......................
1518[first]..........
3. ':l, ' ' '..
1519(a) [first]......
1519(a)[second]........
1523 [first]........
1523 [sixth]......
1529(a) [fourth].........
1529(a) [fifth]........
* * 6
1519(a)[first]......
15% ad val. [identified as to all
articles except hats bonnets, and
hoods, composed wholly or in chief
value of straw or rami]
254 per doz. and 15% ad val.
[identified as to all articles
except hats, bonnets, and hoods,
composed wholly or in chief value
of straw or ramie]
12-1/2% ad val.
34 per lb.
Both rates
10% ad val [identified as to all
articles except ostrich feathers
and ostrich downs]
12-1/2% ad val. [second such rate;
identified only as to dog, goat,
and kid furs and dog, goat, and
kid fur skins included in "Other:
If not dyed"]
15% ad val. [idetified only as to
dog, goat, and kid furs and dog,
goat, and kid fur skins included
in "Other: If dyed"]
Both rates
5%ad val.
17-1/2% ad val,
60% ad val. [identified only as to
lace wholly or in chief value of
vegetable fiber other-than cotton]
60% ad val. [first such rate;
identified only as to articles
wholly of lace and wholly or in
chief value of vegetable fiber
other than cotton GATT/CP/115
Page 5.
Item
(paragraph)
1529(a) [twelfth].....
1529(a) [fourteenth].
1529(b) . . . . . .
1536...........
1537(a) . . . ... . .
1558 [second]..........
1624 ....................
1669 ...................
1674 ...........
1681 ................
1684.............
60% ad vale [second such rate;
identified only as to articles
wholly of lace which is not over
two inches wide, provided the
articles are not over two inches
wide and are wholly or in chief
value of vegetable fiber other
than cotton
70% ad vals [both such rates]
70% ad val.
All rates [identified as to all
handkerchiefs except those
composed wholly or in chief
value of silk]
14% ad val.
12-1/2% ad val. [identified as to
all articles except manufactures
of palm leaf or whalebone, or of
which these substances or. either
of them is the component material
of chief value, not, specially
provided for]
10% ad val. [identified only as
to thick soy]
Free
Free identified as to all
articles except cubebs, ginseng,
barks, dried pawpaw juice or
papain, bulbous and other roots,
and drugs of animal origin]
Free
Free [identified only as to
kelinsky, marmot, goat, kid,
and dog furs and fur skins]
Free identified only as to ramie
or chius grass] GATT/CP/115
Page 6.
(Paragraphe)
1688 .............
1703 ....................
1727 ...................
Free [identified only as to hair
of horse, drawn]
Free
Free [identified only as to
perilla seed]
1731............... Free [identified only as to anise,
camphor and cassia oil]
1732 . . . . . . . . . Free [dentified only as to perilla
oil, tung oil, and tea see bil
not specially provided for]
1762...........
Free
1763 . ............
1794 ....................
Free
1806 . ..............
(section)
2491(b) [secomd]..
2491(d)[second].....
Free
..........
Free [identified as to all articles
except sticks of bamboo or rattan]
... 3 per lb.
0.69g per lb.
2. The following articles., the concessions on which have been withdrawn
from Part I of Schedule XX, will be entitled to prefarentiaI treatment when
the product of Cube, pursuant to paragraph 2 (c) of the Exclusive Agreement
of October 30, 1947 between the United States and Cuba:........
Description of Products
397.
761[second]
Articles or wares not specially: .
provided for, if composed wholly
or in chief value of gold, or if
plated with gold, or colored with
gold lacquer, whether partly or
wholly manufactured ...........
Edible nuts, pickled or otherwise
prepared or preserved, and not
specially provided for . . . . ..
52% ad val.
28% ad val.
Tariff Act
(paragraph) Page 7.
Tariff Act
of 1930
(paragraph)
775 [first]
775 [third]
Description of Product
Vegetables (including horseradish).
if cut, sliced, or otherwise
reduced in size, or if reduced
to flour, o if parched or
roasted or if packed in oil, or
prepared or preserved in any other
way and not specially provided for
(not including vegetables which
are pickled, or packed in salt or
brine).................
Soy beans prepared or preserved in
any manner . . . . . . . . . . . .
Ginger root, candied, or otherwise
prepared or preserved . . . . .
Brooms, made of broom corn, straw,
wooden fiber, or twigs . . . . . .
Bristles, sorted, bunched, or
prepared . . . . . .. . . . . .
Manufactures of bone, grass, sea
grass, horn, or straw, or of which
these substances or any of them is
the component material of chief
value, not specially provided for
8% ad val.
20% ad val.
2.4 per lb.
20% ad val.
3. The following most.-favoured-nation rates, applicable to articles the
concessions on which have been withdrawn from Part I of Schedule XX, result
from the provisions of paragraph 4 of Article I of the General Agreement
binding margin of preference against increase:
Description of Products
(paragraph)
Fruits in brine, pickled, dried,
dessicated, evaporated, or other-
wise prepared or preserved and
not specially provided fort
Bananas (except dried, desiccated,
or evaporated bananas), cashew
apples (anacardium occidental),
778
28 ad val.
28% ad val.
1506
1507
1537(a)
752
Rate of Duty GATT/CP/115
Page 8.
of 1930
(Paragraph)
Descripsion of Products
752 (cont.)
752
Rate of Duty
guavas (if in brine, pickled,
dried, desiccated, or evaporated),
mameyes colorados (calocarpum
mammosum), papayas, plantains,
sapodillas (sapota achras),
soursops (annona muricata), and
sweesops (anrona souamos)......... 31% ad val.
Mixtures of two or more fruits,
prepared or preserved . . . . . . 21% ad val. |
GATT Library | nf797zw9199 | Schedule XX - United States Withdrawal of Concessions negotiated with China. (Article XXVII). : Addendum. Communication from Chechoslovakia | General Agreement on Tariffs and Trade, July 26, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 26/07/1951 | official documents | GATT/CP/115/Add.1 and GATT/CP/115+Add.1-3 | https://exhibits.stanford.edu/gatt/catalog/nf797zw9199 | nf797zw9199_90310052.xml | GATT_140 | 155 | 1,076 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED C
GATT/CP/115/Add .1
26 July 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Schedule XX -.United States
Withdrawal of Concessions negotiated with China
(Article XXVII)
ADDENDUM
Communication from Chechoslovakia
By a letter dated 27 June 1951 the Government of Czechoslovakia has
submitted the following comment on the withdrawal of concessions negotiated
with the Government of China:
"With reference to the notification of the United States
Government (GATT/CP/115) concerning the concessions negotiated
with China, I have the honour to renew the declaration made by
the Czechoslovak delegate at Torquay on 6 November 1950 that
Czechoslovakia does not recognize the validity of the notification
of the withdrawal of China from the General Agreement on Tariffs
and Trade as the notification referred to was made by persons having
no legal capacity to act on behalf of China.
"For this reason Czechoslovakia considers the United States
withdrawal of the concessions negotiated with China illegal". |
GATT Library | tp427wk1629 | Schedule - XX United States Withdrawal of Concessions negtiated with China : Addendum. Application erdor Arteclo XXIII by the Goveenmont of Haiti in connection with the withdrawal ofemtons 1021 (1) and 101(3)from Schedule XX (geneva) | General Agreement on Tariffs and Trade, September 10, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 10/09/1951 | official documents | GATT/CP/115/Add.2 and GATT/CP/115+Add.1-3 | https://exhibits.stanford.edu/gatt/catalog/tp427wk1629 | tp427wk1629_90310053.xml | GATT_140 | 1,403 | 9,210 | RESTRICTED
GENERAL AGREEMENT ON GATT/CP/115/Add.2
10 September 1951
TARIFFS AND TRADE 10 September 1951 ORIGINAL: FRENCH
CONTRACTING PARTIESWDS
Withdrawal of Concessions negtiated with China
ENDUMDUV
Application erdor Arteclo XXIII by the Goveenmont
of Haiti in connection with the withdrawal ofemtons
1021 (1) and 101(3 f3)from Schedule XG.(geneva)
The following memorandum was submitted byetho eovornment of Haiti with
their lottor, datee Soptember 3, 1951, requesting inclusion ofethoir appli-
cation in theeAgonda or.etho Sixth Sessions
Ill On 6 March 1950, the Government of the Republic of Chinay at that
time a contracting party to the Goneral eement ont o Tariffs and Trade,
notified the Secretary-General of the United Notirns that had d decided
to withdraw from the Aereoment in accordance with paragraph 5 of the
Protocol of Provisional Application of the eral al eement hadt a that
it would therefore cease to be a contracting party.
"2. Following that decision, thoeProsident of the United States, in
a proclamation dated 12 Oceobor 1950, announced the withdrawal ofetho
tariff concessions granted byetho United States to the Repablic of China,
to take effect mron 11 eecembor 1950. That stop was in accordance with
Article XXVII of theneralragreement, nt, which roads as follows
yt4W contracting party shall anyazr time be free to withhold or to
withdraw in whole or in parn ary concession, provided for in the
appropriate Schedule annexed to this Aereomeni, In respect of which
such contracting party determines that it was initially negotiated
with a government which has not become, or has ceased to be,. a
contracting party. The contracting party tng iM such action shall
give notice to all other contracting parties ,nd' upon request,
consult with the contracting parties which have a substantial
interest in the product concerned.
"3. In this connection, Prese Rolease 1053 of the Seato Depaetmint,
dated 13toOcober 1950, s:id
(Retranslated fr omFrch)
'Not all the concessions initially negotiated with China at Genova
are due to expire on that date (11 December 1950). In certain
case, concessions initially negotiated with China will not be
abrogated, the reason being that contracting parties to the General
Agreement other than China have a substantial interest in the con-
cessions in question. Under the General Agreement, parties which GATT/CP/115/Add .2
Page 2
have, or claim to have, a substantial interest in products
intitially negotiated with China may request consultation with
the United States before the concessions are abrogated. A
number of countries have requested such consultation in respect
of certain products. No action will be taken with regard to
the products on which consultation has been requested until the
consultations have been concluded.
"4. On 16 November, the delegation of Haiti at the Torquay Conferonce
drew the United States delegation's attention to the fact that the
Haitian exporters of straw and sisal matting felt that the withdrawal
of the following sites in Part I of Schedule XX was prejudicial to
their interests:
1021 1 11/2 cts. per sqare foot
1021 3 20 per cent ad valoren
(identified merely as floor
coverings of grass or rice straw,
under the heading 'other').
"Attached is a copy of the letter of 16 November 1950, with annex,
in which the delegation of Haiti suggested the inclusion of tho question
in the tariff negotiations .then in progress between Haiti and the United
States.
"5. While furnishing the delegation of Haiti sympathetically and
promptly with the statistics on imports into the United States of
carpets coning under paragraph 1021 of the customs tariff, STAT.
Nos. 3963.200 and 3963.600, the American delegation made no secret
of the fact that It regarded the presentations made by Haiti as
unduly deloyed. The Haitian delegation replied that the General
Agrrement laid down no tine limit for consultation, and that the
Haitian Republic's delay in quoting Article XVII (in fine) seemed
justified and-reasonable.
"6. The tariff talks which began at Torquay on the United States clair.
for compensation from the Republic of Haiti for the loss of certain
indirect concessions, were pursued through diplomatic channels. The
concessions in question were originally negotiated between Haiti and
France, their withdrawal being regarded by decision of the Contracting
Parties (see document GATT/CP.5/45 of 12 Decembor 1950, paragraph 3-2)
as constituting a change in the Schedule, and thus subject to the
procedure laid down in Article XVIII. In memorandum No. 1021 of 16
April 1951, the United States Embassy in Port-au-Prince notified the
Secretary of State for Foreign Affairs of the Republic of Haiti that the
compensation offered by Haiti was acceptable, and could thus be in-
corporated in the Consolidated Text - Schedule No. XXVI (Haiti) in
accordance with Article XXVIII. But in regard to Amorican dutios on
imported straw matting, what appeared to be the United States
Government's. last word on the subject was expressed as follows in
memorandum No.987, dated 3 March 1951, of the American Embassy in
Port-au-Prince: GATT/CP/115/Add.2
Page 3
(rotranslated from French)
"Furthormore, straw matting does not constitute an item for
negotiation at Torquay by reason of the withdrawal of the
Chineso concessions by the President of. the United States,
since they did not appear in the public (official) schodule
for Torquay. Prior to this withdrawal, Haiti had boon given
an opportunity to intimate its interest in tho matter, but no
such intimation was given'.
"17. The Government of the Republic of Haiti accordingly. considers that
it is thereby placed in the situation referred to in Article XXIII: 1 (c)
of the General Agreement. The relevant section of the .Article reads
as follows:
'If any contracting party should consider that any benefit
accruing to it directly or indirectly under this Agreement is
being nullified or impaired or that the attainment of any
objective of the Agreement is being impeded as the result of
(a) the failure of another contracting arty to carry out its
obligations under this Agreement, or (b) the application by
another contracting party of any measure, whether or not it
conflicts with the provisions of this Agreement, or (c) the
existence of any other situation, the contracting party may,
with a view to the satisfactory adjustment of the matter, make
written representations or proposals to tho other contracting
party or parties which it considers to be concerned. Any
contracting party thus approached shall give sympathetic con-
sideration to the representations or proposals made to it.'
"8. The Government of the Republic of Haiti therefore requests the
contracting parties to place this matter on the agenda adopted for
their Sixth Session, in accordance with paragraph 2 of the above-
mentioned Article XXIII, which reads as follows:
'If no satisfactory adjustment is effected between the
contracting parties concerned within a reasonable time, or if
the difficulty is of the typo described in paragraph 1(c) of
this Article, the matter nay be referred to the CONTRACTING
PARTIES. The CONTRACTING PARTIES shall promptly investigate
any matter so referred to them and shall make appropriate
rocommendations to the contracting ratios which they consider
to be concerned, or give a ruling on the matter, as appropriate.
The CONTRACTING PARTIES may consult with contracting parties,
with the Economic and Social Council of the United Nations and
with any appropriate intor-governmentalorganization in cases
where they consider such consultation necessary. If the
CONTRACTING PARTES consider that the circumstances are serious
enough to justify such action, they may authorize a contracting
party or parties to suspend the application to any other
contracting party or parties of such obligations or concessions
under this Agreement as they determine to be appropriate in the
circumstances. If the application to any contracting party of any
obligation or concession is in fact suspended, that contracting party GATT/CP/115/Add .2
Page 4
shall then be free, not later than sixty days after such action
is taken, to advise the Secretary-General of the United Nations
in writing of its intention to withdraw from this Agrement and
such withdrawal shall take effect upon the expiration of sixty
days from the day on which written notice of such withdrawal is
received by him.'
"The Government of the Republic of Haiti remains at the disposal
of the Contracting Parties for any further information thety may desire in
connection with its request. it is suggested that this request is of
general concern, the more so in view of further applications for the
withdrawal of concessions on special grounds likely to be put before the
Contracting Parties for their opinion, and possibly even .-ore complex in
their implications then in the case of China." |
GATT Library | br726fm9147 | Second Record of the Sixth Session : Corrigendum | General Agreement on Tariffs and Trade, September 29, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 29/09/1951 | official documents | GATT/CP.6/SR.6/Corr.1 and GATT/CP.6/SR.1-7 | https://exhibits.stanford.edu/gatt/catalog/br726fm9147 | br726fm9147_90270183.xml | GATT_140 | 195 | 1,309 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR RESTRICTED
LES TARIFS DOUANIERS LIMITED B
GATT/CP.6/SR.6/Corr.1.
ET LE COMMERCE 29 September 1951
BILLINGUAL..
CONTRACTING PARTIES
Sixth Session
SUMMARY RECORD OF THE SIXTH SESSION
Correigedum
Page 5
The last sentence of M. Pfllmlin's (France) statement should read as
follows:-
"He proposed that the matter be deferred for a few days in order to
consider what method of work would be suitable in the intersessional
period. In the circumstances he thought that only the question of
method should be retained on the agenda for the moment and this could
be referred to the working party which was already established."
PARTIES CONTRACTANTES
Sixième Session
COMPTE RENDU DE LA SIXMEME SEANCE
Corrigendum
La deuxième phrase de intervention de M. Pflimlin doit se lire:-
"II propose d'ajourner la question pendant quelques jours afin que l'on
puisse étudier la méthode do travail qui pourrait être onvisagée pendant
l'intersession. Dans ces conditions, il considère que seulecette
question de méthode devrait pour le momênt être mainenue'à l'ordre du jour.
Ello serait ensuite renvoyée au Groupe de Travail déjà constitutué".
Pages 1, 4, 5 au lieu de M. Pfimlin
lire M.Pfimlin.
.
_
W1 |
GATT Library | wq579rt2947 | Secretariat and conference services for the Contracting Parties : Note by the Executive Secretary | General Agreement on Tariffs and Trade, September 11, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 11/09/1951 | official documents | GATT/CP.6/13 and GATT/CP.6/13-19 | https://exhibits.stanford.edu/gatt/catalog/wq579rt2947 | wq579rt2947_90070338.xml | GATT_140 | 2,977 | 19,897 | RESTRICTED
GENERAL AGREEMENT ON LIMITED B3
GATT/C.P 6/13
TARIFFS AND TRADE 11 September 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
SECRETARIAT AND CONFERENCE SERICEVS FOR THE CONTRACTING PARTIES
ote by th N Executive Secretary
Wor"k"ing Party L of the Fi,fth Session in its report on the continuing
administration of the General Agreement (GATT/CP.5/49) pointed out that the
CONTRACTING PARTIES would find it necessary at the Sixth Session to consider
more permanent arrangements for a Secretariat. The present position is that
Secretariat and Conference services are provided by the Executive Secretary of
the Intem Commission for the International Trade Organization against reimburse-
ment by the CONTRACTING PARTIES. As the ratification of the Havana Charter must
now be considered as indefinitely postponed the servicing of the CONTRACTING
PARTIES is, in fact, the sole function of the Secretariat. of ICITO The present
arrangement cannot therefore be relied upon for any considerable future period
since it must be expected that in due course the ICITO will be wound up and its
secretariat disbanded.
The United States Government has informed the Executive Secretary that it
considers that the appropriate method of dealing with this problem would be for
the CONTRACTING PARTIES to request the General Assembly of the United Nations
to authorise the Secretary-General to provide secret cariat andonference services
for he CONTRACTING PARTIES under conditions which would enable the CONTRACTING
PARTIES to discharge the responsibilities which are imposed upon them by Article
XV of the Agreement. It is understood that the United States will put this
suggestion forward at the Sixth Session. The Executive Secretary has therefore
studied the United States suggestion and has set out in some detail the procedures
and administrative arrangements which would appear to be involved if this approach
were adopted Cby thCe ONTRATINGS. PARTIE GATT/CP.6/13
Page 2.
Procedures and administrative arrangements which
would appear to be involved in giving effect to
the suggestion of the United States Goverrment that
the CONTRACTING PARTIES request the General Assembly
of the United Nations to authorize the Secretary-
General to provide Secretariat and Conference
services for the CONTRACTING PARTIES
It would appear that, to give effect to the United States
suggestion, a series of transactions would be involved, as follows:
A. A Decision of the CONTRACTING PARTIES, which would
presumably be acted on at the Sixth Session.
B. A covering letter from the Chairman of the CONTRACTING
PARTIES to the Secretary-General of the United Nations,
transmitting the Decision and, also
C. A Memorandum of Understanding regarding implementation
of the plan
d. A draft Resolution to be submitted for consideration
by ECOSOC;
In addition to these various documents it is envisaged that
there would be a supplementary administrative arrangement to be
agreed upon with the Secretary-General for giving effect to the
Memorandum of Understanding.
Explanatory notes have been inserted at various points in
the text. These would not appear in the documents as finally
submitted. GATT/CP.6/13
Page 3.
A.
Decision relating to Secretariat
and Conference Services
for the CONTRACTING PARTIES
WHEREAS
Article XXV of the General Agreement provides that, "representatives
of the contracting parties shall meet from time to time for the purpose
of giving effect to those provisions of this Agreement which involve
joint action and, generally, with a view to facilitating the operation
and furthering the objectives of this Agreement .....",
WHEREAS
In order to discharge these responsibilities the CONTRACTING
PARTIES require secretariat and conference services,
WHEREAS
It is necessary in present circumstances to make provision for
secretariat and conference services required for the administration
of the Agreement to take the place of the present temporary, ad hoc
arrangements,,
THE CONTRACTING PARTIES DECIDE
(i) To request the Economic and Social Council to recommend to
the General Assembly that the Secretary-General of the
United Nations be authorized to provide the CONTRACTING
PARTIES to the General Agreement with the staff and
conference services required for the administration of the
Agreement, and to appoint, after consultation with the
CONTRACTING PARTIES, an Executive Secretary as chief executive
officer for the CONTRACTING PARTIES. The staff so provided
shall operate under the substantive guidance of the CONTRACTING
PARTIES and shall have its offices at-------------. @ GATT/CP.6/13
Page 4.
(ii) In order to bear their fair share of the expenses
involved in the provision of staff and conference
services by the United Nations to the CONTRACTING
PARTIES, those contracting parties not members of
the UN shall make contributions to the UN in
accordance with an appropriate scale to be agreed
upon with the United Nations.
(iii) To authorize representatives of the CONTRACTING
PARTIES to conclude on behalf of the CONTRACTING
PARTIES with the representatives of the Economic
and Social Council a Memorandum of Understanding
on the basis of the principles included in the
draft attached to this Decision. GATT/CP. 6/13
Page 5.
B.
Letter from the Chairman of the CONTRACTING PARTIES
to the Secretary-General of the United Nations,
enclosing a copy of the Decision of the CONTRACTING
PARTIES (A).
Sir,
I am sending you herewith a Decision which was approved by
the CONTRACTING PARTIES to the General Agreement on Tariffs and
Trade on in the course of their Sixth Session.
It is the hope of the CONTRACTING PARTIES that it will be
possible for the Economic and Social Council to meet at an early
date to consider the request contained in this Decision, in order
that the recommendations of the Council might be available for
submission to the ----------- General Assembly which is meeting
later this year.
In order to assist the Council in its consideration of this
letter, I have been requested by the CONTRACTING PARTIES to explain
in some detail the background of the resolution.
It will be recalled that the Ecoialnouncomic and Sci Cil at
its first session in London in 1946 recognised the need to provide
appropriate machinery for international cooperation within the
framework of the United Nations in the field of international trade
and employment.
The Council, in Resolution XIII (I) of 18 February 1946,
called a United Nations Conference on Trade and Employment and set
up a Preparatory Committee to prepare an annotated agenda for
the Conference.
At the conclusion of its First Session, this Preparatory
Committee decided to sponsor tariff negotiations between its members
in connection with and as part of the Second Sesmsion of the Comittee. GATT/CP. 6/ 13
Page 6.
The resolution embodying this decision was included in the Report
of the Preparatory Committee which was considered and noted by the
Economic and Social Council at its _ _ Session. In accordance
with this decision the countries, appointed to the Preparatory
Committee negotiated at Geneva in 1947. pending the conclusion
and entering into force of such convention as might be concluded
at the UN Conference on Trade and Employment, the General Agreement
on Tariffs and Trade, to which Agreement the members of the Pre-
paratory Committee became contracting parties.
Since that date additional countries have become contracting
parties, as a result of further negotiations at Annecy (France) in
1949 and at Torquay (England) in 1950/51.
In view of the numerous and important obligations assumed
by the contracting parties to _r-e GJne al Agre.me.rer.eont it was provided
in ticle XXV that representatives of the contracting parties
shmeould et frmom tie to time for uthe prpose of ggivin effect
to tprohose visions of the mAgreeent which involve joint action and
geln eraly wivith a ew to ifaciltating thre opeation and furthering
the objectives of trhem nA.geeet TONThe (CRACTINRI, PATES acting
ointly subsequently found it sneceotary 1 make an arrangement with
the Interimm Comissfion or the Inaterntional Trade Organisation
for the provision ocf serietarat and conference services.
Whilst, thereforhe te parties to the emAgreent thus provided
a governmental body which, by the sterm of thre Ageement, is res-
ponsible for itmis sadnitration, they did not consider it necessary
at that time to make any furtahmer dirnistative psrov,iionsince
they anticipated the early cireaton of an rintionaltena trade
organization, as a result oef th UnN Coference on Trade and Employ-
ment into which the GenerAgreemal rent would in due course be
integrated.
In f,act how,ever the na Hava Charter for thee Intrnational
Trade Organization, which dwas rs at taft UN ehe Conference on Trade GATT/CP.6/13
Page 7.
and Employment, is not likely to enter into force in the foreseeable
future.
This circumstance has made it necessary for the CONTRACTING
PARTIES to consider a more effective and permanent administration
for the General Agreement, in place of the "ad hoc" arrangements
which have hitherto been adopted.
Among the measures which the CONTRACTING PARTIES feel that
it is necessary to take in present circumstances is to provide for
a secretariat for the General Agreement and conference and other
administrative services required for the administration of the
Agreement. This provision would take the place of the present
temporary ad hoc arrangement with the Interim Commission for the
International Trade Organization.
It appears to the CONTRACTING PARTIES, having given careful
consideration to the matter at their Sixth Session, that the most
appropriate arrangement would be for this secretariat and these
services to be provided by the United Nations. The CONTRACTING
PARTIES feel that this course is particularly appropriate as the
General Agreement has proved to be a valuable instrument for
contributing to the attainment of the objectives set forth in
Article 55 of the UN Charter.
The substance of the proposals of the CONTRACTING PARTIES is
set out in the enclosed decisions.
The CONTRACTING PARTIES hope that it will be possible for
the UN in this manner to facilitate the discharge by the CONTRACTING
PARTIES of the obligations imposed upon them by the terms of the
Agreements . They feel that in order to permit them to discharge
this responsibility effectively it will be necessary that the Secre-
tariat of the CONTRACTING PARTIES should operate under their sub-
stantive direction having regard to the fact that the application
of the Agreement is a matter which by its terms is the sole GATT/CP.6/13
Page 8.
responsibility of the CONTRACTING PARTIES acting jointly.
It is, of course, fully understood that the staff provided
for the Secretariat of the CONTRACTING PARTIES would in administrative
matters be under the direction of the Secretary-General.
In order to clarify further the intentions of the CONTRACTING
PARTIES, I am sending you herewith, as a second enclosure, a memo-
randum of the points which the CONTRACTING PARTIES feel could be
usefully contained in an understanding between themselves and the
United Nations for giving effect to the present proposal, if it
commend itself to the United Nations. GATT/CP. 6/13
Page 9.
C.
Memorandum of Understanding regarding the Establishment
of the Secretariat for the CONTRACTING PARTIES to the
General Agreement on Tariffs and Trade
1. The sole responsibility for joint action required under the
General Agreement rests, under the terms of the Agreement, upon
the CONTRACTING PARTIES.a
2. In order to facilitate the discharge of the responsibilities
resting upon the CONTRACTING PARTIES under Article XXV of the
Agreement, the Secretary-General will appoint, after consultation
with the CONTRACTING PARTIES, an Executive Secretary as chief
executive officer of the CONTRACTING PARTIES. The Secretary-
General will also appoint to the Secretariat of the CONTRACTING
PARTIES, the staff required for the administration of the Agree-
ment, and provide the necessary conference services. The Secretariat
staff shall have their offices at_______________.----------------------.
3. The Executive Secretary and his staff shall operate under
the substantive guidaPARnce of the CONTRACTING TIES, but shall be
administratively under the control of the Secretary-General of the
United Nations.
4 The expenses of the CONTRACTING PARTIES will be defrayed
out of the budget of the United Nations and shall be embodied in
a separate c bhapter of that budget. I
5 Contracting parties which are not members of the United
Nations shall make contributions to the United Nations in accor-
dance with an appropriate scale to be agreed upon with the Secretary-
General of the United Nations
6mu. The CONTRACTING PARTIES shll comixcate directly with
governts and vice vczo GATT/CP. 6/13
Page 10.
7. Relations between the CONTRACTING PARTIES and inter-governmental
organizations and non-governmental organizations shall be regulated
on the basis of such arrangements as the CONTRACTING PARTIES may
make.d
8. The proceedings of the CONTRACTING PARTIES shall be conducted
in accordance with the rules of procedure adopted by the CONTRACTING
PARTIES, provided however that, insofar as the adoption or applica-
tion of any such rule would involve additional expenditure, the
CONTRACTING PARTIES shall consult with the Secretary-General before
such adoption or application.
9. Similarly, such internal matters as distribution of documents,
correspondence and archives, information arrangements etc. shall
be subject to rules established by the CONTRACTING PARTIES.
10. So far as possible, the existing staff of the Interim
Commission for the International Trade Organization shall be trans-
ferred to the Secretariat of the CONTRACTING PARTIES.
11. The CONTRACTING PARTIE.S shall furnish the Economic and Social
Council with [an annual review of their activities.]e
12. Appropriate administrative arrangements shall be made with
the Secretary-General for giving effect to this understanding. f GATT/CP.6/13
Page 11.
Notes
a. It is thought that it would be desirable to draw attention
at the outset to the fact that this responsibility rests, by
the terms of the Agreement, exclusively on the CONTRACTING
PARTIES. As will be seen, the recognition of this basic fact
is reflected in certain of the provisions of the various
documents submitted.
b. It is suggested that the supplementary administrative arrange-
ments referred to in paragraph 12 of the Memorandum should
provide for budget estimates to be prepared by the Executive
Secretary in consultation with the United Nations Bureau of
Finance and approved by the CONTRACTING PARTIES before being
submitted by the Secretary-General to the Committee on
Administrative & Budgetary Questions and the General Assembly.
Moreover, provision should be made for the
Assistant Secretary General for Finance & Administration, or
his representative, to be present at and participate in the
discussions of all meetings of the CONTRACTING PARTIES held
for the purpose of discussing such budget proposals.
c. This would appear to follow from point 1, since it is the
CONTRACTING PARTIES as such which must deal with governments
on matters arising out of the administration of the Agreement.
d. Relations with the I.M.F. are regulated specifically by
the General Agreement. Relations with other organizations will
depend upon the requirements of the administration of the
General Agreement and the general UN arrangements may not be
appropriate.
e. The last few words of this sentence have been placed between
square brackets pending consideration of the form in which the
CONTRACTING PARTIES would furnish such a review. It is thought
that the CONTRACTING PARTIES might wish to decide to draw up GATT/CP.6/13
Page 12.
an Annual Report on their activities, in which case the
words in square brackets might be replaced by .....
"with a copy of their Annual Reports".
It is contemplated that the detailed arrangements for
transfer of staff, budgetary procedure, administrative con-
trol, participation in pensions scheme, staff appointments
etc. would be contained in this supplementary arrangement. GATT/CP.6/13
Page 13.
DRAFT ECOSOC RESOLUTION
THE ECONOMIC AND SOCIAL COUNCIL,
1. Having called, in Resolution 13 (I) of 18 February
1946, a United Nations Conference on Trade and Employment, which
was held at Havana from November 21, 1947 to March 24, 1948,
"for the purpose of promoting the expansion of productions exchange
and consumption of goods";
2. Noting that the countries members of the Preparatory
Committee for the Conference, appointed by the Council, and
attending the Committee meeting in Geneva in 1947, negotiated
under the sponsorship of the Preparatory Committee a General Agree-
ment on Tariffs and Trade, to which Agreement they became con-
tracting parties;
3. Noting furt r he that additional countries have become
contracting parties to the General Agreement on Tariffs and Trade
as a result of further negotiations at Annecy, France in 1949 and
at Torquay, England in 1950-51;
4.co niRegg zin that the General Agreement on Tariffs and
Trade is a valuable instrument for achieving reductions in tariffs
and other barriers to international trade, for facilitatinogs cnul-
tation between governments on current problems of commercial policy,
and for pursuing the objectives of higher standa rdsof living, lful
employment, and conditions of economic and social progress and
development set forth in Article 55 of the United Nations Charter;
5aving Hgconsidered the communication of _ October 1951
addressed to the Council by the CONTRACTING PARTIES to the General
Agreement on Tariffs and Trade, in particular the statement of
functions and activities of the CONTRACTING PARTIES, the expression
of interest in their close association with the economic work of the
United Nations, and the request for staff and conference services; and GATT/CP.6/13
Page 14.
6. Bearing in mind Resolution 413 (V) of the General Assembly and
Resolution _ (XII)of the Council itself regarding the concentration
of efforts and resources devoted to economic and social work, and
the need to avoid the proliferation and overlapping of international
organizations:
1. Takes note of the communication of the CONTRACTING
PARTIES to the GATT .
2. Approves the principles of the draft Memorandum of
Understanding transmitted by the CONTRACTING PARTIES.
3. Authorises the President of the Economic and Social
Council and the Secretary- General to agree with representatives
of the CONTRACTING PARTIES on a definitive text of a Memorandum
of Understanding for submission to the General Assembly, taking
into account the principles of the draft memorandum referred to
above.
4. Recommends that the General Assembly
(a) Authorise the Secretary-General to provide the
CONTRACTING PARTIES to the General Agreement on
Tariffs and Trade with the staff and conference
services required for the administration of the
Agreement, and to appoint, after consultation with
the CONTRACTING PARTIES, an Executive Secretary as
chief executive officer for the CONTRACTING PARTIES;
and
(b) Request the CONTRACTING PARTIES to the General
Agreement on Tariffs and Trade to furnish the
Economic and Social Council with [an annual review
of their activities.]
LJALJ |
GATT Library | mc331yc3812 | Session extraordinaire des Parties Contractantes | Accord General sur les Tarifs Douaniers et le Commerce, March 1, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 01/03/1951 | official documents | GATT/CP/99 and GATT/CP/99 | https://exhibits.stanford.edu/gatt/catalog/mc331yc3812 | mc331yc3812_90300370.xml | GATT_140 | 423 | 2,900 | RESTRICTED
LIMITED B
ACCORD GENERAL SUR LES TARIFS GATT/CP/99
ler mars 1951
DOUANIERS ET LE COMMERCE FRENCH
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
Session extraordinaire des
Parties Contractantes
Veuillez trouver ci-joint le text d'un preavis que le President
adresse aux parties contractantes pour leur annoncer la convocation d'une
session extraordinaire en conformite de l'article premier du Reglement.
I1 va de soi aue leReglement des Parties Contractantes (GATT/CP/30)
sera applicable a cette session extraordinaire. En consequence
(a) les observateurs pourront y assister ainsi qu'il est prevu
aux articles 8 et 9;
.(b) les representnts devront etre munis des pouvoirs prevus aux
articles 5 a 7 inclus. A cet egard, les pouvoirs des represen-
tants a la Cinquieme Session ou a la Conference tarifaire de
Torquay ne seront pas vaiables. Torquay, le 28 fevrier 1951.
Le President des Parties Contractantes a l'Accord general sur
les tarifs doutaniers et le commerce presente ses compliments a
et a l'honneur de lui demander de vouloir bien transmettre a son
Gouvernement le preavis suivant concernant la convocation d'une ses-
sion extraordinaire des Parties Contractantes en bonformite de
l'Article premier du Reglement.
Un certain nombre de parties contractantes ont demande au Pre-
sident de se prevaloir de la faculte que lui confere l'Article pre-
mier du Reglement a l'effet de convoquer une session extraordinaire
des. Parties Contractantes a une date assez rapprochee pour prendre
connaissance d'une suggestion tendant a instituer un groupe de travail
d'intersession charge d'examiner les propositions visant a reduire dans
le cadre de l'Accord general, les disparites des-tarifs europeens et
a prendre une decision en la matiere. Le groupie de travail d'interses-
sion commencerait ses travaux pendant la periode qui precedera la
sixieme session des Parties Ccntractantes et fera rapport sur ses ac-
tivites a ladite session. Le President a decide de faire droit a la
requete en question et en consequence il adresse le present preavis a
l'effet de convoquer a Torquay une session extraordinaire des Parties
Contractantes qui aurait lieu au plus tot le 21 mars 1951. La date
exacte en sera fixee dans un proche avenir et sera communique par le
President aux parties contractantas avec unv note detaillee concernant
les suggestions que lea delegatioins interessees presenteront a la ses-
sion.
Le President estime au surplus qu'il serait souhaitable que cette
session extraordinaire fut en mesure de regler toute question concernant
le Protocole de Torquay que pourrait necessiter une decision des Parties
Contractantes, Le President informera les parties contractentes suffi-
samment avant l'ouverture de la session extraordinaire de toute question
qui pourrait ainsi leur etre soumise. |
GATT Library | js594dr4999 | Sigature of the Tarquay Final Act Annexed Documents. Addendum | General Agreement on Tariffs and Trade, September 4, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 04/09/1951 | official documents | GATT/CP/112/Add.5 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/js594dr4999 | js594dr4999_90310038.xml | GATT_140 | 177 | 1,139 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add.5
4 September 1951
BILINGUAL
CONTRCTING PARTIES
Sigature of the Tarquay Final Act Annexed Documents
Addendum The Secretery-General of the United Nations has advised that the Federal
Republic of Germany signed the Torquay Protocol on 1 September 1951. The Federal
Republic of Germany will thus become a contracting party on 1 October 1951 and, subject
any action that might be taken under paragraph 4 of the Protool, will apply Schedule
XXXIII as from that date.
PARTIES-CONTRAGTANTES
Signature de l'Acte final de Tarquay et des documents y annexes
Addendum Le Secretaire general des Nations Unies a fait savoir que la Republique Federale
d'Allemagne a signe le Protocol de Torquay le ler septembre 1951. La Republique
Federale d'Allemagne devient, par consequent, partie contractante a partir du ler octobre
1951 et, atrn r0eorv' de touts mesure qui pourrait etre prise, en vertu du paragraphe 4
lw Protocole, mettra en vigueur la liste XXXIII des cette date.
II
?? ME ?? ?? ?? |
GATT Library | wx263mp3138 | Signature de I'Acte final de Torquay et des documents y annexes : Addendum | Accord General sur les Tarifs Douaniers et le Commerce, June 22, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 22/06/1951 | official documents | GATT/CP/112/Add.3 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/wx263mp3138 | wx263mp3138_90310036.xml | GATT_140 | 574 | 4,369 | ACCORD GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add.3
22 juin 1951 .
FRENCH
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES .
Signature de I'Acte final de Torquay et des
documents y annexes
Addendum
I. Decisions de Torquay conernant l'adhesionM
Lo delai prevu pour la signature des decisions concernant l'adhesion expi-
rait le 20 juin. La Decision concernant chacun des six gouvernements qui ont
participe a la Conference de Torquay en vue d'adherer a l'Accord a ete signee
par plua des deux-tiers des parties contractantes, o'est-a-dire que la majorite
requise a ete depassee. En consequence, les six decisions anneexees a l'Acte
final du Protocole de Torquay constituent des Decisions des Parties Contractantes
a dater du 21 juin 1951.
"Les parties contractantes designees ci-apres ont signe les Decisions:
Decisions concarnant l'Autriche, le Perou, les Philippi et la Turquie.
Australie
Belgique.
Birmanie
Canada
Ceylan
Chili
Cuba.
Danemark
Etats-Unis
Finlande
France
Grece
Haiti
Inde
Italie
Liberia
Luxembourg
Norvege
Nouvelle-Zelande:.:
Pakistan
Pays-Bas
Republique Dominicaine
Rhodesie du Sud
Royaume-Uni
Suede
Tchecoslovaquie
Union Sud-Africaine
Decision concernant l'Allemagne
Australie
Belgique
Birmanie*
Canada
Ceylan
Chili
Cuba
Danemark
Etats-Unis
Finlande
France
Grece
Haiti
Inde
Italie
Liberia
Luxembourg
Norvege
Nouvelle-Zelands
Pakistan
Republique Dominicaine
Rhodesie du Sud
Royaume-Uni
3uzao
Union Sud-Afrioaine
x En signant lea D6cisions concernant l'Allemagne et l Corde, le Gouvernement
de la Birmanie a de'clar4 que la signature appos4e pat lui . cos.W Doisions
n'imPliquait'qu.il reconnaissait ces gouvernements our le an di tique
niqu'iefntiit dans.sea intentions de les reconnaAt.re. Le Seer~taire
g6 n~ral des Nations Unies a fait eavoir qusil conriddrait 1*observtion de 3a
manie cvamce l'expression d'un principe admis et non camo. uns rarV9e
- - GAATT/CP/112/Add.3
Page 2.
ecision concernant la Cor
Australie Frncae Nouvelle-Zdlela
Belgique Gr^Grece Pakistan
Canada LAdIn Rpubepique Dominainica
Ceylan Italie Rhodimiesie Sud
chili Liberie Royame-uUni
Cuba L uxeurgbde ue
Danemark Norvbgsege Union SudAfr-icaine
Etatas-nisU
La Gouvernement de 'Inldonisiesie le 19 juin, notifig qe'il ne pom-rurra
observer lea dddelaisrdvevusour la signature des decesions, mais il a demand
quo lea psrties concontractantes soient informeeso IeIndonsiee eat sispose be`
approuver l'adhdeion de l'Autriche, doel'Allemagnep,du Pdeco, des Philippines
et de la Turquie.
III. Protocole de Tor
l PLe ooolecde Torquay a 6ts eien6 pae lea pasties omtrcontractantes suiva
Da~ Date de Date de mise on ap
Atursignature ti catoe Sd 1la L
iMbiLibe (Pas do listed) 19 jun i . . .
Rhod6sieedu Sud (List. XVe) 20 jin u 20 juiliot"
La signature du Protocole do Toreua par y l Tcacooslecaquov (annonade dcee
le document OATT/GP/332/A11.2) a td ceceoMagndmpagnela eiolareclarationprbs'
"La signature apposne pae la Th6poslecaquie no saueait Sre entterpr6tie
m reoaissune reconnaissance express ou ir la Tchdcoelaoaquiecoslo
aonts de l'Allemagnemantsdentale ou de lacocidentaleud, ff de lee capaSudy
Judique d'adh6re k 1juridique d'dnreal".
MI. Ddclaation8A de III. eclaration de main
Le 19 jui, la D4olarabion a 6td vign, 4 eclarationSrie.e
le 21 avrilp 1e Gouvernement du Pak,slan a ddolari qu'il e'engageoatd
(voir GATT/CP/112),tant que son Oouvernement n'aura pas Gouvernementrobation
definitive aux terms de la Ddolaration, b no pas so peclaration, adiepositienpr
du paragraph. 1er de article VUII n vle de ml'odifier XXlaIII oncessions Vis4oe
dana la Ddelaration. Le Secrdtairecexdoutif a mainteeant utifs4, par lettree
en date du 32 jui, quo 1e Gouverne1ent dn Paeiltan a approuvb lea terms de
la Dclazation.
n Voir note page 1.
s L'entrde en viguour ** cette Leste eat fenotion de toute measure qct
pourrient prendre des partiars contractantes auz temets du paragraph 4x
du Protoodle de Torquay.
l ~~lo
1 s Dal - |
GATT Library | zr025cs7919 | Signature de l'Acte final de Torquay : Addendum | Accord General sur les Tarifs Douaniers et le Commerce, June 13, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 13/06/1951 | official documents | GATT/CP/112/Add.2 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/zr025cs7919 | zr025cs7919_90310035.xml | GATT_140 | 166 | 1,048 | ACCORD GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add.2
13 juin 1951
FRENCH
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
ADDENDUM
Le Secretaire general des Nations Unies a fait savoir que le Protocole
de Torquay a ete revetu de la signature des parties contractantes suivantes:
Date de la
Signature
Suede (Liste XXX)
Tchecoslovaquie (Liste X)
7 juin
8 juin
Date de la miss en
application de la
Liste *
7 juillet
8 juillet
Lee autres Listes contenues dans l'Annexe A au Protocols de Torquay
et qui sont entrees en vigueur sont enumerees ci-dessous:
Date de la
Signature
Date de la mise en
application de la
Liste *
Benelux (II), Ceylan (VI),
Cuba (IX), Etats-Unis (XX),
France (XI), Grece (XXV),
Republique Dominicaine (XXIII)
Canada (V)
21 avril
7 mai
6 juin
6 juin
* L'entree en vigueur de ces Listes est fonction de touted mesure que
pourraient prendre des parties contraetantes aux termes du paragraph 4 du
Protocole de Torquay.
Signature de l'Acte final de Torguay |
GATT Library | tf693fq1375 | Signature de l'Acte final de Torquay et des documents y annexes | Accord General sur les Tarifs Douaniers et le Commerce, April 30, 1951 | General Agreement on Tariffs and Trade (Organization), Partes Contratantes, and Contracting Parties | 30/04/1951 | official documents | GATT/CP/112 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/tf693fq1375 | tf693fq1375_90310033.xml | GATT_140 | 1,944 | 13,033 | ACCORD GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112
30 April 1951
FRENCH
ORIGINAL: ENGLISH
PARTES CONTRACTANTES
Signature de l'Acte final de Torquay et des documents y annexes
Les pays suivants ont revetu de leur signature les documents de
Torquay:
Acte-final
Afrique du Sud
Allemagne
Australie
Autriche
Belgique
Birnanie
Bresil
Canada
Ceylan
Chili
Cuba
Danemark
Etats-Unis
Finlande
France
Grece
Inde
Indonesie
Italie Rhodesie du Sud
Luxembourg Royaume-Uni
Norvege Suede
Nouvelle-Zelande Tchecoslovaquie
Pakistan Turquie
Pays-Bas Uruguay
Perou
Philippines
Republique Dominicaine
Decisions concernant l'Autriche, le Perou, les Philippines et la Tarquio
Belgique
Ceylan
Cuba
Danemark
Etats-Unis
France
Grece
Nouvelle-Zelande
Republique Dominisaine
Sude
Tchecoslovaquie
Decision concernant l'Allemagne
Belgique
Ceylan
Cuba
Danemark
Etats-Unis
France
Grece
Italie
Luxembourg
Pays-Bas
Norvege
Nouvelle-Zelande
Republique Dominicaine
Rhodesie du Sud
Suede GATT/CP/112
Page 2.
Decision concernant la Coree
Belgique
Ceylan
Cuba
Danemark
Etats-Unis
France
Grece
Italie
Luxembourg
Norvege
Nouvelle-Zelande
Pays-Bas
Republique Dominicaine
Suede
Protocole de Torquay
Belgique
Ceylan
Cuba
Etats-Unis
France
Luxembourg
Pays-Bas
Republique Dominicaine
Afrique du Sud
Australie
Belgique
Canada
Ceyan
Chili
Cuba
Etats-Unis
France
Grace
Inde
Luxembourg
Nouvelle-Zelande
Pays-Bas
Rhodesie du Sud
Royaume-Uni
Republique Dominicaine
Suede
Tchecoslovaquie
Le Danemak, la Finlande, l'Indonesie l'Italie, le Liberia,
la Norvege et le Pakistan n'etaient pas en mesure de signer la
Declaration, mais, dans des lettres qui sont reproduites en annexe
au present document, se sont engages a on respecter les termes.
Notification invoquant l'article XXXV
Cuba s'est prevalu des dispositions de l'article XXXV a l'egard de tous
les governments adherents (c'est a dire l'Allemagne, l'Autriche, la Coree,
le Perou, les Philippines et la Turquie). Voir document GATT/CP/111.
Les Etats-Unis se sont prevalus des dispositions de l'article XXXV a
l'egard des Philippines. Voir document GATT/CP/109. GATT/CP/112
Page 3.
A N N E X E
Danemark
En date du 16 avril 1951
"J'ai l'honneur de me referer a la Declaration de maintien en
vigueur des listes annexees a l'Accord general sur let tarifs douaniers
et le commerce, qui a ete ouverte aujourd'hui a la signature des Parties
Contractantes a l'Accord general. J'ai le regret de vous faire connaitre
que le Gouvernement du Danemark n'est pas en mesure, a l'heure actuelle,
de signer cette declaration.
"L'amendement au paragraphs ler de l'article XXVIII visant a
proroger l'application des concessions reprises dans la liste XXII
annexee au Protocole d' Annecy des conditions d'adhesion, et la Decla-
ration susmentionnee, ne pourraient etre accepts qu'avec l'autori-
sation expresse du Parlement danois, laquelle ne pourra etre obtenue
que lorsque is Parlement aura examine les resultats des negociations
qui viennent de so terminer a Torquay. Le Parlement n'a pas encore eu
la possibility d'evaluer ces resultats ni de se prononcer sur la pro-
rogation de la Liste d' Annecy. C'est pourquoi mon government, m'a
charge' de donner aux Parties Contractantes ainsi qu'aux autres gouver-
nements qui ont participe a la Conference de Torquay l'assurance qu'il
extend respecter, sur une base de reciprocite, l'engagement specifie
dans la Declaration de ne pas so prevaloir des dispositions du para-
graphe ler de l'article XXVIII tant que son Parlement n'aura pas pris
de decision a ce sujet. Au cas ou le gouvernement approuverait la
prorogation de la lists XXII, le present engagement rosterait valable
tant que l'amendemont de l'article XXVIII n'aura pas pris effet a
l'egard du Danemark.
"Je vous saurais gre de bien vouloir notifier la teneur de la
presente lettre aux Parties Contractantes et aux gouvernements qui
ont participe a la Conference de Torquay."
En date du 21 avril 1951
"J'ai l'homeur de me referer a la Delaration de maintien en vigueur
das listes annexees a l'Accord general sur les tarifs douaniers et
le commerce, qui a ete ouverte aujourd'hui a la signature des Parties
Contractantes a l'Accord general. J'ai le regret de vous faire connaitre
que le Gouvernement de la Finlande n'est pas en measure, a l'heure actu-
elle, de signer cette Declaration. GATT/CP/112
Page 4.
"L'amendement au paragraphs ler de l'article XXVIII visant a
proroger l'application des concessions reprises dans la liste XXIV
annexee au Protocolo d' Annecy des conditions d'adhesion, et la
Declaration susmentionnee, no pourraient etre acceptes qu'avec l'auto-
risation expresso du Parlement finnois. Le Parlement n'a pas encore
eu la possibilite de prendre une decision au sujet de la prorogation
de la liste d' Annecy. C'est pourquoi mon Gouerrement m'a charge de
donner aux Parties Contractantes ainsi qu'aux autres gouvernements
qui ont participe a la Conference de Torquay l'assurance qu'il entend
respecter, sur une base de reciprocite, l'enggement specifie dans la
Declaration de no pas so prevaloir des dispositions du paragraphe ler
de l'article XXVIII tant que son Parlement n'aura pas pris de
decision a ce sujet. Au cas ou le Gouvernement approuverait la pro-
rogation de la liste XXIV, le present engagement resterait valable
tant que I'amendement de l'article XXVIII n'aura pas pris effet a
l'egard du la Finlande.
"Je vous saurais gre de bien vouloir notifier la teneur de la
present lettre aux Parties Contractantes et aux gouvernements qui
ont participe a la Conference de Torquay. "
En date dui al avril 1951
"J'ai l'honneur de me referer a la Declaration de maintien en
vigueur des listes annexees a l'Accord general sur les tarifs douaniers
et le commerce, qui a ete ouverte aujourd'hui a la signature des Parties
Contractantes a l'Accord general. J'ai le regret de vous fair connaitre
que le Gouvernement de l'Indonesie n'est pas en mesure, a a l'heure actu-
elle de signer cotte DecIaration.
"L'amendement pu paragraph ler de article XVIII visant a pro-
roger application des concessions reprises dans la liste XXI ob la
Declarations susmentionnee, no pourraient etre acceptes qu'avec l'auto-
risation expressed du Parlement indonesion, laquelle no pourra etre
obtenue que lorsque le Parlement aura examine les resultats des nego-
ciations qui viennent do so terminer a Torquay. Le Parloment n'a pas
encore ou la possibilite d'eavaluer ces resultats ni de so proroncer
sur la prorogation de la Liste. C'est pourquoi mon Gouvernement m'a
charge de donnor aux Partics Contractantes ainsi qu'aux autres gouver-
noments qui ont participe a la Conference de Torquay assurance qu'il
intend respecter, our une base de reciprocite, l'engagement specifie
dans la Declaration de no pas se prevaloir des dispositions du para-
graphe ler de l'article XXVIII tant quo son Parlement n'aura pas pris
de decision a co sujet. Au cass ou le government approuverait la
prorogation de la lists XXI, le present engagement resterat valable
tant que l'amendement de l'article XXVIII n'aura pas pris effet a
l'egard de I'Indonesie. GATT/CP/112
Page 5.
"Je vous saurais gre de bien vouloir notifier la teneur de la
presente lettre aux Parties Contractantes et aux gouvernements qui ont
participe a la Conference de Torquay."
Italic
En date du 21 avril 1951
"D'apres les instructions de mon Gouvernement, j'ai l'honneur de
vous adresser la communication suivante:
"Le Gouvernement Italien se troupe dans l'impossibilite de signer
la 'Declaration de maintien en vigueur des Listes annexees a l'Accord
General sur les Tarifs Douaniers et le Commercet Dour des raisons
d' ordre constitutionnel.
"Toutefois, dans le desir de contribute dans toute la mesure du
possible a la stability des resultats des Negociations Tarifaires de
l'Accord General le Gouvernement Italien declare qu'il stengage, a
condition de reciprocite, a ne pas invoquer les dispositions de
l'article XXVIII:1 de l'Accord General, sur les Tarifs Douaniers et le
Commerce, tel qu'il est actuellement libelle, jusqu'au moment ou
l'amendement de la date figurant au premier alinea dudit article
n'aura ete accepts par le Gouvernement Italien conformement aux
regles constitutionnelles italiennes.
"Si cette acceptation ne se realise pas, ou s'il est constate
que l'amendement de la date figurant au premier alinea de l'article
XXVIII n'entre pas en vigueur, faute de son acceptation par les deux
tiers des Parties Contractantes aux termes de l'article XXX de
l'Accord General, l'engagement du Gouvernement Italien prendra fin
das que l'une ou l'autre desdites hypotheses se sera averere."
Liberia
En date du 21 avril 1951
"J'ai l'honneur de me referer a la Declaration de maintien en
vigueur des listes annexees a l'Accord general sur les tarifs douaniers
et le commerce, qui a ete ouverte aujourd'hui a la signature des Parties
Contractantes a I'Accord general, J'ai le regret de vous faire connaitre
que le Gouvernement du Liberia n'est pas en mesure, a l'heure actuelle,
de signer cette Declaration.
"L'amendement au paragraph ler de l'article XXVIII visant a proroger
application des concessions reprises dans la liste XXIX, et la Decla-
ration susmentionnee, ne pourraient etre accepts qu'avec l'autorisation
expresse du Parlement du Liberia, laquelle no pourra etre obtenue que
lorsque le Parlement aura examine les resultats des negociations qui
viennent de se terminer a Torquay. Le Parlement n'a pas encore eu
la possibilite d'evaluer ces resultats ni de se prononcer sur
la prorogation de la Liste, C'est pourquoi mon Gouvernement m'a GATT/CP/112
Parp 5.
charge de donner aux Parties Contractantes ainsi qu'aux autres gouver-
nements qui ont participe a la Conference de Torquay l'assurance qu'il
intend respecter, sur une base de reciprocite, l'engagement specifie
dans la Declaration de ne pas so prevaloir des dispositions du para-
graphe ler de l'article XXVIII tant que son Parlement n'aura pas pris
de decision a ce sujet. Au cas ou le Gouvernement approuverait la pro-
rogation de la listed XXIX, le present engagement resterait valable tant
que l'amendement de l'article XXVIII n'aura pas pris effect a l'egard
du Lieria.
Je vous saurais gre de bien vouloir notifior la teneur de la
present lettre aux Parties Contractantes et aux gouvernements qui ont
participe a la Conference de Torquay."
Norvege En date du 21 avril 1951
"J'ai l'honneur de me referer a la Declaration de maintien en
viguour des listes annexees a l'Accord general sur les tarifs douaniers
et le commerce, qui a ete ouverte aujourd'hui a la signature des Parties
Contractantes a lAccord general. J'ai le regret de vous faire connaitre
que le Gouvernement de la Norvege n'est pas en mesure, a l'heure actuelle,
de signer cette Declaration.
"L'amendement au paragraph ler de l'article XXVIII visant a pro-
roger l'application des concessions reprises dans la liste XIV et la
Declaration susmentionnee ne pourraient etre accepts qu'avec l'autori-
sation expresse du Parlement norvegion, laquelle no pourra etre obtenue
quo lorsque lo Parlement aura examine los resultats des negociations
qui viennent de se terminer a Torquay. Le Parlement n'a pas encore ou
la possibilite d'evaluer ces resultats ni de se prononcer sur la proro-
gation de la Liste. C'est pourquoi mon gouvanonant m'a charge do donner
aux Parties Contractantes ainsi qu'aux autres gouvernments qui ont
participe a la Conference do Torquay l'assurance qu'il intend respecter,
sur une base do reciprocite, l'engagement specifie dans la Declaration
de no pas so prevaloir des dispositions du paragraphe ler de l'article
XXVIII tant que son Parlement n'aura pas pris de decision a ce sujet.
Au cas ou le Gouvernement approuverait la prorogtion de la liste XIV,
le present engagement resterait valable tant que l'amendement de
l'article XXVIII n'aura pas pris effet a l'egard de la Norvege.
"Je vous saurais gre de bien vouloir notifier la teneur de la
presento lettre aux Parties Contractantes et aux gouvernements qui ont
participe a la Conference de Torquay." GATT/CP/112
Page 7.
Pakistan
En date du 21 avril
"Se referant a la Declaration preparee pendant la Cinquieme
Session des Parties Contractantes a l'Accord general sur les tarifs
douaniers at le commerce par laquelle les concessions negociees aux
sessions de Geneve et d'Annecy des parties contractantes serament
prorogees pour une period do trois ans a computer du ler janvier 1951,
le Pakistan s'engage, tant oue son gouvernement n'aura pas donne son
approbation definitive aux termes de la Declaration, a ne pas se
prevaloir des dispositions du paragraphe ler de l'article XXVIII,
en vue de modifier les concessions visees dans la Declaration." |
GATT Library | vd806yq1464 | Signature de l'Acte final deTorquaty et des documents annexes. Addemdum | Accord General sur les Tarifs Douaniers et le Commerce, October 19, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 19/10/1951 | official documents | GATT/CP/112/Add.10 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/vd806yq1464 | vd806yq1464_90310043.xml | GATT_140 | 166 | 1,146 | ACCORD GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add. 10
19 octobre 1951
FRENCH
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
Signature de l'Acte final deTorquaty et des documents annexes
1. Le Secretaire general des Nations Unies a fait savoir que le
Protocole de Torquay a ete signed par les parties cantractantes suivantes:
Date de Signature Nouvelle-Zelande (Liste XIII)
Australie (Liste I)
Italie (Liste XXVII)
12 octobre
18 octobre
18 octobre
Date d'entree en
vigueur de la Liste
11 novembre
17 novembre
17 novembre
2. L'amendement a l'article XXVIII estre entre en vigueur le 18 octobre
pour tousles pays qui ont signe le Protocole de Torquay, a savoir:
Allemagne
Australie
Autriche (le 19 oct.)
Belgique
Canada
Ceylan
Cuba
Etats-Unis d'lAmerique
Finlande
France
Grece
Haiti
Italie
Liberia
Luxembourg
Norvege
Nouvelle-Zelande
Pays-Bas
Perou
Republique Dominicaine
Rhodesie du Sud
Suede
T checoslovaquie
Turquie
* L'esntree en vigueur de ces listes est subordonnee a toute mesure qui
pourra etre prise en vertu du paragraph 4 du Protocole de Torquay. |
GATT Library | ct938fj1588 | Signature de L'iacte Final de Torquay et des Documents y Annexes : Addendum | Accord General sur les Tarifs Douaniers et le Commerce, October 22, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 22/10/1951 | official documents | GATT/CP/12/Add.11 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/ct938fj1588 | ct938fj1588_90310044.xml | GATT_140 | 127 | 821 | ACCORD GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/12/Add.1
22 octobre 1951
FRENCH
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
Sixieme Session
SIGNATURE DE L'IACTE FINAL DE TORQUAY ET
DES DOCUMENTS Y ANNEXES
Addendum
Le Secretaire general des Nations Unies a informe le Secretariat qua le
Protocole de Torquay avait ete signed par les parties contractantes ci-apres:
Inde
Indonesie
Pakistan
Union Sud-Africaine
Birmanie
(Liste
(Liste
(Liste
(Liste
XII)
XXI)
XV)
XVIII)
Date de la signature
19 octobre
" "
" "
" "
21 octobre
Date de l'applica-
tion des Listes *
18 novembre
" "
" "
(pas de liste)
* L'entree en vigueur de ces listes est
etre prise aux termes du paragraphe 4
subordonnee a toute mesure qui pourrait
du Protocole de Torquay. |
GATT Library | bz455sv1271 | Signature of the protocol to be drawn up at the close of the Sixth Session : Note by Working Party 2 on schedules | General Agreement on Tariffs and Trade, September 27, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 27/09/1951 | official documents | GATT/CP.6/30 and GATT/CP.6/29-34 | https://exhibits.stanford.edu/gatt/catalog/bz455sv1271 | bz455sv1271_90070370.xml | GATT_140 | 227 | 1,458 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED C
GATT/CP. 6/30
27 September 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
SIGNATURE OR THE PROTOCOL TO BE DRAWN UP
AT THE CLOSE OF THE SIXTH SESSION
Note by Working Part y on Schedules
The Working Party on Schedules provisionally agreed at its
first meeting that it would recommend to the Contracting Parties the
preparation for signature of a Protocol of Modifications and Rectifi-
cations to the texts of the Schedules. This Protocol would give effect
to rectifications (Item 14 of the Agenda), modifications resulting from
negotiations under Article XXVIII (Item 10), the transposition of the
United Kingdom Geneva and Annecy Schedules (Item 13) and various modifi-
cations that have been made to the Schedules with the consent of the
Contracting Parties since the First Protocol of Modifications was drawn
up.
The Working Party strongly recommends that this instrument be
signed by all contracting parties at the close of the Sixth Session in
order that its entry into force will not be delayed. The Working
Party, therefore, urges all delegations which do not possess full powers
to sign such a protocol to secure such powers from their governments
to enable them to sign in Geneva. At the present time only the following
delegations have adequate powers to sign such a Protocol:
Dominican Republic
Finland
Haiti
New Zealand
Southern Rhodesia |
GATT Library | mr660pq2258 | Signature of the Torauay Protocol and Decisions | General Agreement on Tariffs and Trade, May 11, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 11/05/1951 | official documents | GATT/CP/112/Add.1 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/mr660pq2258 | mr660pq2258_90310020.xml | GATT_140 | 75 | 484 | GENERAL AGREEMENT
ON TARIFFS AND
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
RESTRICTED
LIMITED B
GATT/ CP/112/Ac
11 May 1951
BILLINGUAL
ET LE COMMERCE
CONTRACTING PARTIES
Signature of the Torauay Protocol
and Decisions
The Torquay Protocol and the six Decisions were signed
by
Canada
on 7 May 1951
PARTIES CONTRACTANTES
Signature du Protocole de Torquay
et des Décisions
Le Protocole de Torquay et ls six Décisions ont été
signés par le
le 7 mai 1951,
TRADE |
GATT Library | xy013yx6756 | Signature of the Torquay final act and annexed documents : Addendum | General Agreement on Tariffs and Trade, October 22, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 22/10/1951 | official documents | GATT/CP/112/Add.11 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/xy013yx6756 | xy013yx6756_90310031.xml | GATT_140 | 115 | 779 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED B
GATT/CP/112/Add.11
22 October 1951
ORIGINAL: ENGLISH
CONTRACTING PARTIES
Sixth Session
SIGNATURE OF THE TORQUAY FINAL ACT AND
ANNEXED DOCUMENTS
Addendum
The Secretary-General of the United Nations has advised that the
Torquay Protocol has been signed by the following contracting parties:-
pate of Signature
Date of Application
of the Schedule*
India (Schedule XII)
Indonesia (Schedule XXI)
Pakistan (Schedule XV)
Union of South Africa
(Schedule XVIII)
Burma
October 19
" "
" "
" "
October 21
November 18
" "
" "
(No Schedule)
*The entry into force of these schedules is subject to any action
Stat may be taken under paragraph 4 of the Torquay Protocol. |
GATT Library | ms315zq0995 | Signature of the Torquay Protocol : Addendum | General Agreement on Tariffs and Trade, June 11, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 11/06/1951 | official documents | GATT/CP/112/Add.2 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/ms315zq0995 | ms315zq0995_90310021.xml | GATT_140 | 138 | 892 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
RESTRICTED
LIMITED B
GATT/CP/112/Add.2
11 June 1951
ORIGINAL:ENGLISH
CONTRACTING PARTIES
Signature of the Torquay Protocol
ADDENDUM
The Secretary-General of the United Nations has advised that the Torquay
Protocol has been signed by the following contracting parties:
Date of Signature
Date of Application
of the Schedule*
Sweden (Schedule XXX)
Czechoslovakia (Schedule X)
7 June
8 June
7 July
8 July
The other Schedules in Annex A of the Torquay Protocol which have entered
into force are the following:
Date of Signature
Benelux (II), Ceylon (VI),
Cuba (IX), Dominican Rep, (XXIII),
France (XI), Greece (XXV),
United States (XX)
Canada (V)
21 April
7 May
6 June
6 June
* The entry into force these schedules is subject to any action that may be
taken by contracting parties under paragraph 4 of the Torquay Protocol |
GATT Library | rg618pq9115 | Signature of the Torquay Protocol and Decisions | General Agreement on Tariffs and Trade, May 11, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 11/05/1951 | official documents | GATT/CP/112/Add.1 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/rg618pq9115 | rg618pq9115_90310034.xml | GATT_140 | 76 | 481 | GENERAL AGREEMENT
ON TARIFFS AND
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
RESTRICTED
LIMITED B
GATT/CP/112/Add
11 May 1951
BILLINGUAL
ET LE COMMERCE
CONTRACTING PARTIES
Signature of the Torquay Protocol
and ecisions
The Torquay Protocol and the six Decisions were signed
by
Canada
on 7 May 1951
PARTIES CØNTRACTANTES
Signature du Protocole de Torquay
et des D6cisions
Le Protocole de Torqu y et les six Decisions ont ete
signes par le
le 7 mai 1951.
TRADE
L |
GATT Library | ty935rv9182 | Signature of various protocols : Addendum. Acceptance and Signature of Protocols by Burma | General Agreement on Tariffs and Trade, October 13, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 13/10/1951 | official documents | GATT/CP/40/Add.20 and GATT/CP/40+Add.1-22+Add.1314/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/ty935rv9182 | ty935rv9182_90300157.xml | GATT_140 | 161 | 1,128 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
LIMITED B
GATT/CP/40/Add. 20
13 October 1951
SILINGUAL
CONTRACTING PARTIES
SIGNATURE OF VARIOUS PROTOCOLS
Addendum
Acceptance and Signature of Protocols by Burma
The Secretary-General of the United Nations has advised that Burma signed,,
on October 1, the First Protocol of Modifications and the Fourth and Fifth
Protocols of Rectifications and, on October 8, deposited instruments of
acceptance for Protocols 2 (Special Protocol Relating to Article XXIV) and 7
(Protocol Modifying Article XXVI).
SIGNATURE DE DIVERS PROTOCOLES
Addendum
Acceptation et sidaturde protocoles par la Birmanie
Le Secretaire general des Nations Unies a informe le Secretariat que
la Birmanie avait signe, le ler octobre, le premier Protocole de Modification
ainsi que les quatrieme et cinquieme Protoooles de Rectification et qu'elle
await depose, le 8 octobre, les instruments d'acceptation du Protocole 2 (Pro-
tocole portent modification de l'article XXIV) et du Protocole 7 (Protocole
portant modification de l'article XXVI). |
GATT Library | rn891st9564 | Signature of various protocols. Addendum. : Application of the Schedules in Annex A of the Annecy Protocol of Terms of Accession | General Agreement on Tariffs and Trade, March 28, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 28/03/1951 | official documents | GATT/CP/40/Add.17 and GATT/CP/40+Add.1-22+Add.1314/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/rn891st9564 | rn891st9564_90300154.xml | GATT_140 | 319 | 2,224 | GENERAL AGREEMENT ACCORD GENERAL SUR
LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP//40/Add.17
TRADE ET LE COMMERCE 28 March 1951
BILINGUAL
CONTRACTING PARTIES
SIGNATURE OF VARIOUS PROTOCOLS
ADDENDUM
Application of the Schedules in Annex A of the Annecy Protocol of
Terms of Accession
The Cuban Government has notified the Secretary-General of the United
Nations, in the terms of paragraph 3 of the Annecy Protocol, of its intention
to apply the concessions in its Schedule. This notification was made on 27
February 1951, in accordance with the Decision of the Contracting Parties of 16
December 1950 (GATT/CP/94) which extended the time for notification to 1 April
1951. This Schedule will come into force on 29 March 1951, without prejudice
to Cuba's communication of August 1949 (GATT/TN.l/33) to the President of the
Contracting Parties to the General Agreement with regard to the non-application
of the General Agreement by Cuba to certain parties according under the Annocy
Protocol, in conformity with the provisions of Article XXXV of the General
Agreement
PARTIES CONTRACTANTES
SIGNATURE DES DIVERS PROTOCOLES.
ADDENDUM
Application des Listes de l'Annexe A du Protocole d'Annecy des
conditions d'adhésion.
Le gouvernement de Cuba a notifié au Secrétaire Général des Nations
Unies, conformément au paragraphe 3 du Protocole d'Annecy, son intention
d'appliquer les concessions figurant dana sa Liste. Cette notification a
été faite le 27 février 1951 en vertu de la Décision des Parties Contractantes
du 16 décembre 1950 (GATT/CP/94) qui a prolangé jusqu'au ler avril 1951 le
délai prévu pour la notification. Cette Liste entrera en vigueur le 29 mars
1951, sous résarve de la communication adressée par le gouvernement de Cuba
en août 1949 (GATT/TN.1/33) au Président des Parties Contractantes à l'Accord
Général et concernant la non-application par Cuba de l'Accord Général à
certaines parties adhérant aux termes du Protocole d'Annecy, en conformité
des dispositions de l'article XXXV de l'Accord Général.
?- ?,
1FVr__M_
L__ EW bgLi E- 73 -BANTU,, |
GATT Library | jz040zs2026 | Signature of various protocols : Addendum. Entry into Force of Protocols | General Agreement on Tariffs and Trade, October 23, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 23/10/1951 | official documents | GATT/CP/4O/Add.21 and GATT/CP/40+Add.1-22+Add.1314/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/jz040zs2026 | jz040zs2026_90300158.xml | GATT_140 | 107 | 787 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD
GENERAL SUR
LES TARIFS DOUANIERS LIMITED B
ET LE COMMERCE GATT/CP/4O/Add.21
23 October 1951
BILINGUAL
CONTRACTING PARTIES
SIGNATURE OF VARIOUS PROTOCOLS
Addendum
Entry into Force of Protocols
As a result of the most recent signatures of the Torquay Protocol the
following instruments have entered into effects
Protocol 8 - Replacing Schedule I (Australia)
Third Protocol of Rectifications
PARTIES CONTRACTANTES
SIGNAURE DE DIVERS PROTOCOLES
Addendum
Entree en vigueur de Protocoles
A la suite des plus recentes signatures du Protocole de Torquay, les
instruments suivants sont entries en vigueur:
Huitieme Protocole portant remplacement de la Liste I (Australie)
Troisieme Protocole de rectifications |
GATT Library | dt019pb8028 | Signature of various protocols. Addendum. : Fourh-Protocol of Rectifications | General Agreement on Tariffs and Trade, July 31, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 31/07/1951 | official documents | GATT/CP/40/Add.19 and GATT/CP/40+Add.1-22+Add.1314/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/dt019pb8028 | dt019pb8028_90300156.xml | GATT_140 | 102 | 731 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
LIMITED B
GATT/CP/40/Add. 19
31 July 1951
BLINGUAL
CONTRACTING PARTIES
SIGNATURE OF VARIOUS PROTOCOLS
ADDEMUM
Fourh-Protocol of Rectifications
It has been notified from the Headquarters of the United Nations that the
following government signed, on the, date indicated, the Fourth Protocol of
Rectifications:
Brazil
30 July
PARTIES CONTRACTANTES
SIGNATURE DE DIVERS PROTOCOLES
ADDENDUM
Quatrieme Protocole Rectification
Le Secretaire general des Nations Unies a fait savoir que le Quatrieme
Protocole de Rectification a ete revetu la date indiquee de la signature du
gouvernement suivant:
Bresil
-
30 Juillet |
GATT Library | kb449bs0599 | Signature of various protocols. Addendum. : Prtocol 2 Relating to Article XXIV | General Agreement on Tariffs and Trade, July 13, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 13/07/1951 | official documents | GATT/CP/40/Add.18 and GATT/CP/40+Add.1-22+Add.1314/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/kb449bs0599 | kb449bs0599_90300155.xml | GATT_140 | 119 | 834 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
IMITED B
GATT/CP/40/Add.18
13 July 1951
BILINGUAL
CONTRACTING PARTIES
SIGNATURE OF VARIOUS PROTOCOlS
ADDENDUM
Prtocol 2 Relating to Article XXIV
Acceptance by New Zealand
The Government of New Zealand deposited with the Secretary General of the
United Nations on 9 July 1951 an instrument of acceptance of the Special
Protocol relating to Article XXIV.
PARTES CONTRACTANTES
SIGNATUR DE DIVERS PROTOCOLES
ADDENDUM
Protocole No. 2 portant modification de l'article XXIV
Acceptatino par le Gouvernement de la Nouvelle-Zélande
Le Gouvernement de la Nouvelle-Zélande a déposé auprès du Secrétaire
Généal des Nations Unies le 9 juillet 1951 un instrument d'acceptation du
Protocole portant modification de l'article XXIV. |
GATT Library | gf044ww3218 | Signatures of the Torgusy Final Act and Annexed Documents. Addendum | General Agreement on Tariffs and Trade, October 19, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 19/10/1951 | official documents | GATT/CP/112/Add.10 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/gf044ww3218 | gf044ww3218_90310030.xml | GATT_140 | 157 | 1,091 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED B
GATT/CP/112/Add.1
19 October 1951
ORIGINAL ENGLISH
CONTRACTING PARTIES
Signatures of the Torgusy Final Act and Annexed Documents
Addendum
1. The Secretary-General of the United Nations has advised that the
Torquay Protocol has been signed by the following contracting parties:
Date of Signature Date of Application
fo the Schedule *
New Zealand (Schedule XIII)
Australia (Schedule I)
Italy (Scheche XXVII)
12 October
18 October
18 October
11 November
17 November
17 november
2. The amendment to Article XXVIII entered into force on 18 October for all
governments which have signed the Torquay Protocol, namely:
Australia
Austria (on 19 Oct.)
Belgium
Canada
Ceylon
Cuba
Czechoslovakia
Dominican Republic
Finland
France
Germany
Greece
Haiti
Italy
Liberia
Luxembourg
Netherlands
New Zoaland
Norway
Peru
Southern Rhodosia
Sweden
Turkey
United States.
* The entry into forco of these schedules is subject to any action
that may be taken undor paragraph 4 of the Torquay Protocol. |
GATT Library | rg100ry3493 | Signatures of the Torquay Final Act an Annexed Documents. Addendum | General Agreement on Tariffs and Trade, September 10, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 10/09/1951 | official documents | GATT/CP/112/Add.6 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/rg100ry3493 | rg100ry3493_90310039.xml | GATT_140 | 162 | 1,009 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add .6
10 September 1951
BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act an Annexed Documents
Addendum The Seeretary-General of the United Nations has advisad that Peru signed the
Torquay Protopol on 7 September 1951. Peru will thus become a contracting party
on 7 October 1951 and, subject to any action that might be taken under paragraph 4
of the Protocol, will apply Schedule XXXV as from that date.
PARTIES CONTRACTANTES
Signature de l'Acte final de Torquay et des documents y annexes
Le Secretaire general des Nations Unies a fait savoir que le Perou a signe
le Protocole de Torqus le 7 septembre 1951. Le Perou devient, par consequent,
partie contractante a partir du 7 octobre 1951 et, sous reserve de touted measure
qui pourrait etre prise, en vertu du paragraph 4 du Protocoles mettra en vigueur
la liste XXXV des cette date. |
GATT Library | zn092jk4371 | Signatures of the Torquay Final Act and Annexea Document. Addendum | General Agreement on Tariffs and Trade, July 6, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 06/07/1951 | official documents | GATT/CP/112/Add.4 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/zn092jk4371 | zn092jk4371_90310023.xml | GATT_140 | 231 | 1,690 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP/112/Add.4
6 July 1951
TRADE ET LE COMMERCE BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act and Annexea Document
Addendum
I. Torquay Decisions on Accession
The Secretary-General of the United Nations has advised that the
Torquay Protocol has been signed by the following contracting parties:
Date of Application
Date of Signature of the Schedule*
Finland (Schedule XXIV) 5 July 4 August
Norway (Schedule XIV) 3 July 2 August
II. Declaration on Continued Application of Schedules
On 5 July the Declaration was signed by Finland.
* The entry into force of these schedules are subject to any action that may
be taken under paragraph 4 of the Torquay Protocol.
PARTIES CONTRACTANTES
Signature de l'Acte Final de Torquay
et des documents y annexés
Addendum
I. Decisions de Torquay concernant l'adhésion
Le Secrétaire Général des Nations Unies a fait savoir que le Proto-
cole de Torquay a été revétu de la signature des parties contractantes sui-
Date de la Date de la mise en
Signature application de la
Liste*
Finlande (Liste XXIV) 5 Juillet 4 aout
Norvège (Liste XIV) 3 Juillet 2 aout
Le 5 Juillet, la Déclaration a été signee par la Finlande.
* L'entrée en vigueur de ces Listes est fonction de toute mesure que
pourraient prendre des parties contractantes aux termes du paragraphe 4
du Protocole de Torquay. |
GATT Library | ks204xr9057 | Signatures of the Torquay Final Act and Annexed Documents | General Agreement on Tariffs and Trade, April 26, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 26/04/1951 | official documents | GATT/CP/112 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/ks204xr9057 | ks204xr9057_90310019.xml | GATT_140 | 1,866 | 12,146 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED B
GATT/CP/112
26 April 1951
ORIGINAL : ENGLISH
CONTRACTING PARTIES
Signatures of the Torquay Final Act and
Annexed Documents
The signatories of the documents of Torquay are as
follows :
Final Act
Australia
Austria
Belgium
Brazil
Burma
Canada
Ceylon
Chile
Cuba
Czechoslovakia
Denmark
Dominican
Republic
Finland
France
Germany
Greece
India
Indonesia
Italy
Luxemburg
Netherlands
New Zealand
Norway
Pakistan
Peru
Philippines
S. Rhodesia
Sweden
Turkey
South Africa
United Kingdom
United States
Uruguay
Decisions on Austria, Peru, Philippines & Turkey
Belgium
Ceylon
Cuba
Czechoslovakia
Denmark
Dominican Republic
France
Greece
Italy
Luxemburg
Netherlands
New Zealand
Norway
Sweden
United States
Decision on Germany
Belgium
Ceylon
Cuba
Denmark
Dominican Republic
France
Greece
Italy
Luxemburg
Netherlands
New Zealand
Norway
Southern Rhodesia
Sweden
United States. GATT/CP/112
Page 2
Decision on Korea
Belgium
Ceylon
Cuba
Denmark
Dominican Republic
France
Greece
Italy
Luxemburg
Netherlands
New Zealand
Norway
Sweden
United States
Torguay -Protocol
Belgium
Ceylon
Cuba
Dominican Republic
France
Greece
Luxemburg
Netherlands
United States
Declaration
Australia
Belgium
Canada
Ceylon
Chile
Cuba
Czechoslovakia
Dominican Republic
France
Greece
India
Luxemburg
Netherlands
New Zealand
Southern Rhodesia
Sweden
South Africa
United Kingdom
United States
Denmark, Finland, Indonesia, Italy, Liberia,
Norway and Pakistan were not able to sign the
Declaration but gave undertakings to observe the
provisions of the Declaration in letters which are
reproduced as an annex to this documents
Invocation of Article XXXV
Cuba invoked the provisions of Article XXXV with
respect to all the acceding governments (that is, Austria,
Germany, Korea, Peru, Philippines and Turkey). See document
GATT/CP/ 111.
The United States invoked the provisions of
Article XXXV with respect to the Philippines. See document
GATT/CP/109. GATT/CP/112
Page 3,
A N N E X
Letters concerning the Declaration
Denmark
dated 16 April 1951
"I have the honour to refer to the Declaration on the continued
application of the schedules to the General Agreement on Tariffs and
Trade, which has been opened for signature to-day by Contracting
Parties to the General Agreement, and to advise you that it will not
be possible for the Government of Denmark to sign this Declasion
at the present time.
"The amendment of paragraph 1 of Article XXVIII to prolong the
assured life of the concessions provided for in Schedule XXII annexed
to the Annecy Protocol of Terms of Accession, and likewise the
Declaration to which I have referred, could be accepted only with the
express approval of the Danish Parliament and this approval cannot be,
obtained until Parliament has examined the results of the negotiations
now concluded at Torquay. As yet there has been no opportunity for
Parliament to examine these results or to take a decision on the
prolongation of the Annecy Schedule. I have been instructed by my
Government. therefore, to give to the Contracting Parties; and to the
other Governments which participated in the Torquay Conferences an
undertaking that my Government intends to observe on a reciprocal
basis the provisions of the Declaration not to invoke paragraph 1 of
Article XXVIII pending a decision on this matter by Parliament.
Should Parliament approve the prolongation of the assured life of
Schedule XXII this undertaking will remain in force until the amend-
ment of Article XXVIII becomes effective in respect of Denmark,
"I should be gratefu). if you would kindly inform the Contracting
Parties and the Governments which participated in the Torquay
Conference accordingly
Finland
dated 21 April 1951.
"I have the honour to refer to the Declaration on the continued
application of the Schedules to the General Agreement on Tariffs and
Trade, which has been opened for signature today by contracting parties
to the General Agreement, and to advise that it will not be possible
for the Government of Finland to sign this Declaration. GATT/CP/112
Page 4.
"The amendment of paragraph 1 of Article XXVIII to prolong the
assured life of the ancessions provided for in Schedule XXIV annexed
to the Annecy Protocol of Terms of Accession, and likewise the
Declaration to which I have referred, could be accepted only with
the express approval of the Finnish Parliament, As yet there has
been no opportunity for Parliament to take a decision on the prolong-
ation of the Arnecy Schedule. I have bean instructed by my Government,
therefore, to give to the contracting parties, and to the other
Governments which participated in the Torquay Conference, an under-
taking that my Government intends to observe in a reciprocal basis
the provisions of the Declaration not to invoke paragraph 1 of
Article XXVIII pending a decision on this matter by Parliament,
Should Parliament approve the prolongation of the assured life of
Schedule XXIV, this undertaking will remain in force until the amend-
ment of Article XXVIII becomes effective in respect of Finland.
"I should be grateful if you would kindly inform the contracting
parties and the Governments which participated in the Torquay
Conference accordingly. "
Idonesia
dated 21 April 1951
"I have the honour to refer to the Declaration on the continued
application of the Schedules to the General Agreement on Tariffs and
Trade, which has been opened for signature today by contracting
parties to the General Agreement, and to advise that it will not be
possible for the Government of Indonesia to sign this Declaration,
"The amendment of paragraph l of Article XXVIII to prolong the
assured life of the concessions provided for in Schedule XXI, and
likewise the Declaration to which I have :referred, could be accepted
only with the express approval of the Indonesian Parliament and this
approval cannot be obtained until Parliament has examined the results
of the negotiations now concluded at Torquay. As yet there has been
no opportunity for Parliament to examine these results or to take a
decision on the prolongation of the Schedule, I have been instructed
by my government, therefore, to give to the Contracting Parties, and
to the other Governments which participated in the Torquay Conference,
an undertaking that my Government intends to observe on a reciprocal
basis the provisions of the Declaration not to invoke paragraph 1'
of Article XXVIII pending a decision On this matter by Parliament.
Should Parliament approve the prolongation of the assured life of
Schedule XXI , this undertaking will remain in force until the amendment
of Article XXVIII becomes effective in respect of Indonesia.
"I would be grateful if you would kindly inform the contracting
parties and the governments which participated in the Torquay
Conference accordingly." GATT/CP/112
Page 5.
Italy (translation)
dated 21 April 1951
"Upon the instructions of my government I have the honour to
transmit to you the following communication:
"The Italian Government is unable, for constitutional reasons,
to sign theDeclaration on the Continued Application of the Schedules
to the General Agreement on Tariffs and Trade,
"Nevertheless the Italian government, wishing to contribute as
far as possible to the stability of the results of the tariff nego-
tiations carried out under the General Agreement, undertakes, on
condition of reciprocity, not to invoke the provisions of Article
XXVIII:1 of the General Agreement in its present form until the
amendment of the date which appears in the first paragraph of the
said article has been accepted by the Italian government in conformity
with its constitutional procedures.
"If this amendment is not accepted by the Italian government,
or if it does not enter into effect for Lack of approval by the two-
thirds majority of the Contracting Parties which is required under
the terms, of Article XXX of the General Agreement, this undertaking
of the Italian Government will be no longer operative."
Liberia
dated 21 April 1951
"I have the honour to refer to the Declaration on the continued
application of the Schedales to the General Agreement on Tariffs and
Trade, which has been opened for signature today by contracting
parties to the General Agreement, and to advise that it will not be
possible for the Government of Liberia to sign this Declaration.
"The amendment of paragraph 1 of Article XXVIII to prolong the
assured life of the concessions provided for in Schedule XXIX, and
likewise the Declaration to which I have referred, could be 'accepted
only with the express approval of the-Liberian Parliament and this
approval cannot be obtained until Parliament has examined the results
of the negotiations now concluded at Torquay. As yet there has been
no opportunity for Parliament to examine these results or to take a
decision on the prolongation of the Schedule, I have been instructed
by my Government, therefore, to give to the contracting parties, and
to the other governments which participated in the Torquay Conference,
an undertaking that my government intends to observe on a reciprocal
basis the provisions of the Declaration not to invoke paragraph 1 of
Article XXVIII pending a decision on this matter by Parliament, GATT/CP/112
Page 6.
Should Parliament approve the prolongation of the assured life of
Schedule XXIX, this undertaking will remain in force until the amend-
ment of Article XXVIII becomes effective in respect of Liberian
"I would be grateful if you would kindly inform the contracting
parties and the governments which participated in the Torquay
Conference accordingly."
Norway.
dated 21. April 1951
"I have the honour to refer to the Declaration on the continued
application of the Schedules to the General Agreement on Tariffs and
Trade, which has been opened for signature today by contracting parties
to the General Agreement, and to advise that it will not be possible
for the Government of Norway to sign this Declaration,
"The amendment of paragraph 1 of Article XXVIII to prolong the
assured life of the concessions provided for in Schedule XIV and
likewise the Declaration to which I have referred, could be accepted
only with the express approval of the Norwegian Parliament and this
approval cannot be obtained until Parliament has examined the results
of the negotiations now concluded at Torquay. As yet there has been
no opportunity for Parliament to examine these results or to take a
decision on the prolongation of the Schedule. I have been instructed
by my Government, therefore, to give to the contracting parties and
to the other governments which participated in the Torquay Conference,
an undertaking that my government intends to observe on a reciprocal
basis the provisions of the Declaration not to invoke paragraph 1 of
Article XXVIII pending a decision on this matter by Parliament,
Should Parliament approve the prolongation of the assured life of
Schedule XIV, this undertaking will remain in force until the amendment
of Article XXVIII becomes effective in respect of Norway.
"I would be grateful if you would kindly inform the contracting
parties and the governments which participated in the Torquay
Conference accordingly,"
Pakistan
dated 21 April 1951
with reference to the Declaration prepared at the Fifth Session of
the Contracting Partics to the General Agreement on Tariffs and Trade,.
indicating extension to the concessions negotiated at the Geneva and
Annecy sessions of the Oontracting Parties for a period of three GATT/CP/112
Page 7.
years with effect from 1st January 1951, it is agreed, on behalf of
Pakistan, that, pending final approval by the Government of Pakistan
of the terms of the Declaration, Pakistan shall not invoke
Article XXVIII paragraph 1, for the purpose of securing modification
of the concessions which are the subject of the Declaration." |
GATT Library | dx587bk0737 | Signatures of the Torquay Final Act and Annexed Documents. Addendum | General Agreement on Tariffs and Trade, October 10, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 10/10/1951 | official documents | GATT/CP/112/Add.9 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/dx587bk0737 | dx587bk0737_90310029.xml | GATT_140 | 166 | 1,081 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add.9
10 October 1951
BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act and Annexed Documents
Addendum
The Secretary-General of the United Nations has advised that Haiti signed
the Torquay Protocol and the Declaration on the Continued Application of the
Schedules on 9 October 1951, schedule XXVI will enter into force on 8 November
subject to any action that might be taken under paragraph 4 of the Torquay
Protocol.
PARTIES CONTRCTANTES
Signature de l'Acte final de Torquay et des documents annexes
Addendum
Le Secreetaire general de l'Organisation des Nations Unies a informe le
Secretariat quo le Gouvernement d'Haii avait signe, a la date du 9 octobre
1951, le Protocole de Torquay ainsi quo la Declaration de maintien en viguour
des Listes. La Liste XXVI entrera done en vigueur le 8 novembre prochain sous
reserve des measures qui pourraient etre prises aux termes du paragraphe,4 du
Protocol de Torquay. |
GATT Library | nj576js3497 | Signatures of the Torquay Final Act and Annexed Documents. Addendum | General Agreement on Tariffs and Trade, October 10, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 10/10/1951 | official documents | GATT/CP/112/Add.9 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/nj576js3497 | nj576js3497_90310042.xml | GATT_140 | 166 | 1,083 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add.9
10 October 1951
BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act and Annexed Documents
Addendum
The Secretary-General of the United Nations has advised that Haiti signed
the Torquay Protocol and the Declaration on the Continued Application of the
Schedules on 9 October 1951. Schedule XXVI will enter into force on 8 November
subject to any action that might be taken under paragraph 4 of the Torquay
Protocol.
PARTIES CONTRACTANTES
Signaturede l'Acte final de Torquay et des documents annexes
Addendum
Le Secretaire general de l'Organisation des Nations Unies a informe le
Secretariat que le ,Gouvernement d'Haiti avait signe, a la date du 9 octobre
1951, le Protocole de Torquay ainsi que la Declaration de maintien en vigueur
des Listes. La Liste XXVI entrera done en vigueur le 8 novembre prochain sous
reserve des measures qui pourraient etre prises aux termes du paragraphe 4 du
Protocole de Torquay. |
GATT Library | hq012mj3952 | Signatures of the Torquay Final Act and Annexed Documents. Addendum | General Agreement on Tariffs and Trade, July 6, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 06/07/1951 | official documents | GATT/CP/112/Add.4 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/hq012mj3952 | hq012mj3952_90310037.xml | GATT_140 | 239 | 1,762 | GENERAL AGREEMENT ACCORD GENERAL SUR RESTRICTED
LIMITED B
ON TARIFFS AND LES TARIFS DOUANIERS GATT/CP/112/Add.4
TRADE ET LE COMMERCE BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act and Annexed Documents
Addendum
I. Torquay Decisions on Accession
The Secretary-General of the United Nations has advised that the
Torquay Protocol has been signed by the following contracting parties:
Date of A Application
Date of Signature of the Schedule*
Finland (Schedule XXIV) 5 July 4 August
Norway (Schedule XIV) 3 July 2 August
II. Declaration on Continued Application of Schedules
On 5 July the Declaration was signed by Finland.
* The entry into force of these schedules are subject to any action that may
be taken under paragraph 4 of the Torquay Protocol.
PARTIES CONTRACTANTES
Signature de l'Acte Final de Torquay
et des documents y annexes
Addendum
I. Decisions de Torquay concernant l'adhesion
Le Secretaire General des Nations Unies a fait savoir que le Proto-
cole de Torquay a ete xevetu de la signature des parties contractantes sui-
Date de la Date de la mise en
Signature application de la
Liste*
Finalande (Liste XXIV) 5 Juillet 4 aout
Norvege (Liste XIV) 3 Juillet 2 aout
II. Declaration de maintien en vigueur des, Listes
Le 5 juillet, la Declaration a ete signee par la Finlande.
* L'entree en vigueur de ces Listes est fonction de toute measure que
pourraient prendre des parties contractantes aux termes du paragraph 4
du Protocol de Torquay. |
GATT Library | wh831ff9258 | Signatures of the Torquay Final Act and Annexed Documents. Addendum | General Agreement on Tariffs and Trade, September 10, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 10/09/1951 | official documents | GATT/CP/112/Add.6 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/wh831ff9258 | wh831ff9258_90310025.xml | GATT_140 | 162 | 1,005 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add .6
10 September 1951
BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act and Annexed Documents
Addendum
The Secretary-General of the United Nations has advised that Peru signed the
Torquay Protocol on 7 September 1951. Peru will thus become a contracting party
on 7 October 1951 and, subject to any action that might be taken under paragraph 4
of the Protocol, will apply Schedule XXXV as from that date.
PARTIES CONTRACTANTES
Signature de l'lActe final de Torquay et des documents v annexes
Le Secretaire general des Nations Uhies a fait savor quo le Perou a signe
le Protocole de Torquay le 7 septembre 1951. Le Perou devient, par consequent,
partie contractante a partir du 7 octobre 1951 et, sous reserve de toute mesure
qui pourrait etre prise, en vertu du paragraph 4 du Protocole, mettra en vigueur
la liste XXXV des cette date. |
GATT Library | cc423ps8614 | Signatures of the Torquay Final Act and Annexed Documents. Addendum | General Agreement on Tariffs and Trade, June 22, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 22/06/1951 | official documents | GATT/CP/112/Add.3 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/cc423ps8614 | cc423ps8614_90310022.xml | GATT_140 | 542 | 3,676 | GENERAL AGREEMENT ON
TARIFFS AND TRADE
RESTRICTED
LIMITED B
GATT/CP/112/Add.3
22 June 1951
ORIGINAL:ENGLISH
CONTRACTING PARTIES
Signatures of the Torquay Final Act and Annexed Documents
Addendum
I. Torquay Decisions on Accession
June 20 was the last day for the signing of the accession Decisions.
The Decision for each of the six governments which participated in the
Torquay Conference with a view to acceding to the Agreement has been signed
by more than the required majority of two-thirds of the contracting parties.
Accordingly, the six Decisions annexed to the Final Act of the Torquay
Protocol constitute Decisions of the Contracting Parties as of 21 June,
1951,
The following are the contracting parties which signed the Decisions:
Decisions on Austria, Peru, Philippines and Turkey
Australia
Belgium
Burma
Canada
Ceylon
Chile
Cuba
.... Czechoslovakia
Denmark
Dominican Republic
Finland
France
Greece
Haiti
India
Italy
Liberia
Luxemburg
Netherlands
New Zealand
Norway
Pakistan
Southern Rhodesia
Sweden
U. of South Africa
United Kingdom
United States
Decision on Gernany
Australia
Belgium
Burma *
Canada
Ceylon
Chile
Cuba
Denmark
Dominican Republic
Finland
France
Greece
Haiti
India
Italy
Liberia
Luxemburg
Netherlands
New Zealand
Norway
Pakistan
Southern Rhodesia
Sweden
U. of South Africa
United Kingdom
United States
* On signing the Decisions for Germany and Korea, the Government of Burma
made a statement to the effect that its signature of these Decisions cannot
be interpreted as intending or implying diplomatic recognition. The Secre-
tary-General of the United Nations has advised that he considers the Burmese
observation as an expression of an accepted principle and not as a reser-
vation. GATT/CP/112/Add.3
Page 2.
Decision on Korea
Australia
Belgium
Burma *
Canada
Ceylon
Chile
Cuba
Denmark
Dominican Republic
France
Greece
Haiti
India
Italy
Liberia
Luxemburg
Netherlands
New Zealand
Norway
Pakistan
Southern Rhodesia
Sweden
U. of South Africa
United Kingdom
United States
The Government of Indonesia advised on 19 June that it could not observe
the final date for the signature of the Decisions but requested that the
contracting parties be informed that Indonesia was prepared to accept the
accession of Austria, Germany, Peru, Philippines and Turkey.
II. Torquay Protocol
The Torquay Protocol has been signed by the following contracting
parties:
Date of
Signature
Date of Application
of the Schedule
Liberia (No Schedule)
Southern Rhodesia (Schedule XVI)
19 June .....
20 June
20 July **
The signature of the Torquay Protocol by Czechoslovakia (reported in
GATT/CP/112/Add.2) was accompanied by the following statement: "The
signature by Czechoslovakia cannot be interpreted as an explicit or implicit
recognition by Czechoslovakia of the Governments of Western Germany or
Southern Korea or of their legal capacity to accede to the General Agreement".
III. Declaration on Continued Application of Schedules
On 19 June the Declaration was signed by Liberia.
On 21 April the Government of Pakistan gave an undertaking (See
GATT/CP/112)that, pending final approval of the terms of the Declaration,
Pakistan would not invoke paragraph 1 of Article XXVIII for the purpose of
securing modification of concessions. The Executive Secretary has now been
advised, by letter dated 12 June, that the Government of Pakistan has
approved of the terms of the Declaration.
* See note on page 1.
** The entry into force of this schedule is subject to any action that may be
taken under paragraph 4 of the Torquay Protocol. |
GATT Library | rd319rf4542 | Signatures of the Torquay Final Act and Annexed Documents : Addendum | General Agreement on Tariffs and Trade, September 18, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 18/09/1951 | official documents | GATT/CP/112/Add.7 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/rd319rf4542 | rd319rf4542_90310040.xml | GATT_140 | 166 | 1,049 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add .7
18 September 1951
BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act and
Annexed Documents
Addendum
The Secretary-General of the United Nations has advised that Turkey
signed the Torquay Protocol on 17 September 1951. Turkey will thus become
a contracting party on 17 October 1951 and, subject to any action that might
be taken under paragraph 4 of the Protocol, will apply Schedule XXXVII as
from that date.
PARTIES CONTRACTANTES
Signaure de I'Acte final de Torquay et
des documents y annexes
Addendum
Le Secretaire general des Nations Unies a fait savoir que la Turquie
a signed le Protocole de Torquay le 17 septembre 1951, La Turquie devient, par
consequent, partie contractante a partir du 17 octobre 1951 et, sous reserve
de toute mesure qui pourrait etre praise, en vertu du paragraphs 4 du Protocole,
mettra en vigueur la liste XXXVII des cette date.
1?? ??
I |
GATT Library | nt697tf5043 | Signatures of the Torquay Final Act and Annexed Documents. Addendum | General Agreement on Tariffs and Trade, September 21, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 21/09/1951 | official documents | GATT/CP/112/Add.8 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/nt697tf5043 | nt697tf5043_90310027.xml | GATT_140 | 160 | 1,036 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add 8
21 September 1951
BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act and
Annexed Documents
Addendun
The Secretary-General of the United Nations has advised that Austria
signed the Torquay Protocol on 19 September 1951. Austria will thus become
a contracting party on 19 September 1951 and, subject to any action that
might be taken under paragraph 4 of the Protocol, will apply Schedule XXXII
as from that date.
PARTIES CONTRACTANTES
Signature de I'Acte final de Torquay et
des documents y annexes
Addendum
Le Secretaire general des Nations Unies a fait savoir que l'Autriche a
signs le Protocols de Torquay le 19 septembre 1951. L'Autriche devient, par
consequent, partie contractante a partir du 19 octobre 1951,et, sous reserve
de touts mesure qui pourrait etre prise, en vertue du paragraph 4 du Protocole,
mettra en vigueur la liste XXXII cBe cette date. |
GATT Library | jm100vr9715 | Signatures of the Torquay Final Act and Annexed Documents. Addendum | General Agreement on Tariffs and Trade, September 21, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 21/09/1951 | official documents | GATT/CP/112/Add.8 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/jm100vr9715 | jm100vr9715_90310041.xml | GATT_140 | 160 | 1,038 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add. 8
21 September 1951
BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act and
Annexed Documents
Addendum
The Secretary-General of the United Nations has advised that Austria
signed the Torquay Protocol on 19 September 1951. Austria will thus become
a contracting party on 19 September 1951 and, subject to any action that
might be taken under paragraph 4 of the Protocol, will apply Schedule XXXII
as from that date.
PARTIES CONTRACTANTES
Signature, de l'Acte final de Torquay et
des documents y annexes
Addendum
Le Secretaire general des Nations Unies a faith savoir que l'Autriche a
signe le Protocole de Torquay le 19 septembre 1951. L'Autriche devient, par
consequent, partie contractante a partir du 19 octobre 1951,et, sous reserve
de toute mesure qui pourrait etre prise, en vertue du paragraphs 4 du Protocole,
mettra en vigueur la liste XXXII le cette date. |
GATT Library | ht586wy7452 | Signatures of the Torquay Final Act and Annexed Documents : Addendum | General Agreement on Tariffs and Trade, September 18, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 18/09/1951 | official documents | GATT/CP/112/Add.7 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/ht586wy7452 | ht586wy7452_90310026.xml | GATT_140 | 162 | 1,033 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add.
18 September 195
BILINGUAL
CONTRACTING PARTIES
Signatures of the Torquay Final Act and
Annexed Documents
Addendum
The Secretary-General of the United Nations has advised that Turkey
signed the Torquay Protocol on 17 September 1951. Turkey will thus become
a contracting party on 17 October 1951 and, subject to any action that might
be taken under paragraph 4 of the Protocol, will apply Schedule XXXVII as
from that date.
PARTIES CONTRACTANTES
Signature de l'Acte final de Torquay et
des documents y annexes
Addendum
Le Secretaire general des Nations Unies a fait savoir que la Turquie
a signe le Protocole de Torquay le 17 septembre 1951. La Turquie devient, par
consequent, partie contractante a partir du 17 octobre 1951 et, sous reserve
de touted meaure qui pourrait etre prise, en vertu du paragraph 4 du Protocole,
mettra en vigueur la liste XXXVII des cette date. |
GATT Library | tp459xk0961 | Signatures of the Torquay Final Act and Annexed Documents. Corrigendum | General Agreement on Tariffs and Trade, September 22, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 22/09/1951 | official documents | GATT/CP/112/Add.8/Corr.1 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/tp459xk0961 | tp459xk0961_90310028.xml | GATT_140 | 70 | 458 | GENERAL AGREEMENT ON
RESTRICTED
LIMITE B
GATT/CP/112/Add. 8/Corr. 1
22 September 1951
ENGLISH ONLY
TARIFFS AND TRADE
CONTRACTING PARTIES
Signatures of the Torquay Final Act and
Annexed Documents
Corrigendum
Tho second sentence should road as follows:
"Austria will thus become a contracting party on 19 October 1951 and,
subject to any action that might be taken under paragraph 4 of the
Protocol, will apply Schedule XXXII as front that date." |
GATT Library | hs257br4201 | Sinature of the Torquay final Act and Annexed Documents. Addendum | General Agreement on Tariffs and Trade, September 4, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 04/09/1951 | official documents | GATT/CP/112/Add.5 and GATT/CP/112+Add.1-12, +Add.8/Corr.1 | https://exhibits.stanford.edu/gatt/catalog/hs257br4201 | hs257br4201_90310024.xml | GATT_140 | 171 | 1,106 | GENERAL AGREEMENT
ON TARIFFS AND
TRADE
ACCORD
GENERAL SUR
LES TARIFS DOUANIERS
ET LE COMMERCE
RESTRICTED
LIMITED B
GATT/CP/112/Add.
4 September 1951
BILINGUAL
CONTRACTING PARTIES
Sinature of the Torquay final Act and Annexed Documents
The Secretary-General of the United Nations has advised that the Federal
Republic of Germany signed the Torquay Protocol on 1 September 1951. The Federal
Republic of Germany will thus become a contracting party on 1 October 1951 and, subject
to any action that might be taken under paragraph 4 of the Protocol, will apply Schedule
XXXIII as from that date.
PARTIES-CONTRACTANTES
Signature de l'Acte final de Torquay et des documents y annexés
Le Secrétaire général des Nations Unies a fait savoir que la République Fédérale
d'Allemagne a signé le Protocole de Torquay le ler septembre 1951. La République
6d4rale d'Allemagne devient, par conséquent, parties contractante à partir du ler octobre
1951 et, aerti réaers de toute mesure qui pourrait être prise, en vertu du paragraphe 4
du Protocole, mettra en vigueur la liste XXXIII dès cette date. |
GATT Library | nh445zk9487 | Situation des Contributions Percues et des Arrieres de Contributionsau 31 mai 1951 | Accord General sur les Tarifs Douaniers et le Commerce, June 14, 1951 | General Agreement on Tariffs and Trade (Organization), Parties Contractantes, and Contracting Parties | 14/06/1951 | official documents | GATT/CP/117 and GATT/CP/117 | https://exhibits.stanford.edu/gatt/catalog/nh445zk9487 | nh445zk9487_90310064.xml | GATT_140 | 300 | 2,239 | ACCORD GENERAL SUR LES TARIFS
DOUANIERS ET LE COMMERCE..
RESTRICTED
LIMITED C
GATT/CP/117
14 juin 1951
FRENCH
ORIGINAL: ENGLISH
PARTIES CONTRACTANTES
SITUATION DES CONTRIBUTIONS PERCUES ET DES ARRIERES DE
CONTRIBUTIONSAU 31 MAI 1951
Arridrés de contributions au 31 mai 1951
1.
2.
Contributions 'de' .parties coritractantes
Participation aux dépenses de la
Conférence d'Annecy
Nombre
1
2
1 .
En dollars
des Etats-
U unis
3.750,00
5,500.00
II
Arriérés de contributions au 31 Mai 1951
1. Contributions des parties contractantes
2. Participation aux dépensea de la
Conference de Torquay
.1. Contributions recues au 31 mai 1951
* 2. Arriérés de contributions des parties
contractantes au 31 mai 1951
5
28.254,71
10,902.58
18
215.347,51
- 67,.28%
. 77.762,74
= 214.32%
Contributions à percevoir des pays
adherents
7
26.872,50
=8,40%
1948-1949
1.
2,
3.
.
.
.
. GATT/CP/117
Pege 2.
IV
SITUATION DES ARRIERES DE CONTRIBUTIONS PAR PAYS
AU 31 MAY 1951
a) Parties Cotratantes:
D
EI
Canada*
Australie
Brésil *
Chine
Italie *
F Techécoslovaquie
Danemark
G Chill
Indonésie
Liban
Liberia
Nicaragua
Pakistan
Syrie
10,581,49
3.750,00 10.601,72
Total des
arriérés de
$ $
13.436,25
10.749,00
10,601,72 10.749,00
5.374,50
5.374,50
1.750,41 2,687,25
2.687,25
2.687,25
2.687,25
2.687,25
900,00 2.650,43 2.687,25
2.687,25
2,650.43 2,687.25
4,650.00 38.836,20 67.181.25
67.181.25
13,436,25
10,749,00
10.581,49
14.351,72
21.350,72
5.374,50
5.374,50
4.437,66
2 686,25
2.687,25
2.687,25
2.687,25
6.237,68
2.687,25
110,667.45
b) Gouvernements adhédrents:
Catégorie Pays
E République
fédérale
d'Allemagns ***
G Philippines
I Uruguay
1948-1949
Total des
contributions
5.601,72
2.650,43
900,00 2,650,43
* Le Secréataire exécutif a été informé que la contribution serait
payée à bref délai.
5.601,72
2,650,43
3,550.43
la contribution serait
' La contribution de la Tchécoslovaquie a été reçue en juin 1951.
*** Le Gouvernment de la République fédérale d'Allomagne a payé
5.000 dollars à titre de participation aux frais do la Conférence
de Torquay,
Catégorie Pays |
GATT Library | pp201zp5886 | Sixth protocol of rectifications : Addendum | General Agreement on Tariffs and Trade, September 11, 1951 | General Agreement on Tariffs and Trade (Organization) and Contracting Parties | 11/09/1951 | official documents | GATT/CP.6/4/Add.1 and GATT/CP.6/1-8 | https://exhibits.stanford.edu/gatt/catalog/pp201zp5886 | pp201zp5886_90070307.xml | GATT_140 | 1,085 | 7,277 | RESTRICTED
GENERAL AGREEMENT ON LIMITED C
e ! K.lo TR NDE GATT/CP96/4/Add .1
TrI1,11 TRADE mM 11 Septenber 11
CONTRACTING PARTIES
Sixth Session
Sixth Protocol of Rectifications
Addendum
Rectifications proposed to the Schedules to the General Agreement are
listed in document pGATT/CP.6/40 Rectifications have also been proDsed to
Gen. eva and Torquay Schendules aX (United Kingdom),These are annexed aI
one copy of the explanation is distributed with this document to each
contracting party and acceding government,
In preparing the Sixth Protocol of Rectifications delegations may wish
to consider what procedure would be suitable for certain other changes to the
Schedules which have became effective but have not been incorporated in a
formal dcomcument,These are modifications which have oleinto force either
through the usual proc pedure of cQjniation with the contracting-)aies or
through a Decision of the Contracting Parties. Since these modifications have
become effective it might be appropriate formally to amend the Schedules by inclu-
ding these changesinthe Sixth Protocol of Rectifications. The alterations
mentioned are set forth in the secfd annex to this document. GATT/CP.6/4/Add.1 ANNEX 2
Page 2.
1. Rectifications to the Geneva and Torquay Schedules of the United Kingdom
SCHEDULE XIX - UNITED KINGDOM
(Geneva)
Rectifications to this schedule are authentic
only in the English language
Section A. Metropolitan Territories Part I - Most Favoured-Nation Tariff
Item 6 - "Eastern tissues - not dyed or printed" In the Rate of Duty Column, the words "per cent" shall be deleted.
Item 6 - "Other tissues"
Above the last subheading "In other cases" insert further subheading
"Wholly or in part discharged continued):-".
Item 3 XIV(1) (vii)
The description shall read:
"Borax (refined) other than R Grade sodium tetraborate"
Item 3 XV(3)(ii)(b)
The description shall read:
"Elastic goods, the following:-
Material consisting of rubber sheeting or synthetic
rubber sheeting with a textile backing, not made up"
Item Ex 3X(2)(x)(b) The tariif item number shall read:
"3 XVII (2) (i) (a)" GATT/CP.6/4/Add.1
Page 3.
SCHEDULE XIX - UNITED KINGDOM
(Torquay)
Rectifications to this schedule are authentic
only in the English language
Section A. Metropolitan Territories
Part I - Most-Favoured-Nation Tariff
Item 5 - Gauges and measuring instruments etc.
Items "Standard or reference gauges" etc. shall read as follows:
"Standard or reference gauges -
External -
Calliper or snap
Ring -
plain or cylindrical
screw
taper
Internal -
Plug -
cylindrical
screw
taper
End point gauges
Block gauges or slip gauges or
reference discs
End measuring rods
Straight edges
Surface plates
Item 90 - 16 (new nomenclature version)
Items "Gauges and measuring instruments etc." shall read
as follows:
"Standard or reference gauges -
External -
Calliper or snap
Ring -
plain or cylindrical
screw
taper ,
GATT/CP.6/4/Add1.
Page 4.
nItrena -l
pug -
cylindrical
screw taper
End point gauges
Block gauges or slip gauges or
reference discs
End measuring rods
Straight edges
Surface plates
The tariff item number shall read:
" 3 VIII(6)" GATT/CP.6/4/Add.1
Page 5.
A N N E X 2
Modifications to Geneva Schedule II (Benelux), Annecy-Schedules
1. Modifications made effective by Decision of December 1950
SCHEDULE II. BELGIUM - LUXEMBOURG - NETHERLANDS
Section A - Metropolitan Territories
~ lLa T rrtor
Rectifications to Section A are authentic
only in the French language
PART I - Most-Favoured-Nation Tariff
Item 68
he rates of the Netherlands mo"nop.oly dut"y.1., f.l," and 'l",
i n the "Note 1" to this item shall read:
"f..5."02" and ' 1261
Item 70
The rate of the Netherlands m"onopoly duty, fNote.2.-", in the
"to sub-item "a shall read:
" ,511
The rate of the Netherlands monopo1ly duty, "f..50", in the Note
to sub-item "b" shall read:
"f.1.88
The rate of the Netherlands monopoly du01,r'"f.ity Ql-", te Note
to this item shall read:
"f.2.51"
Item 84 The rate of the Netherlands monopoly duty, "f.15.-", in the Note
to sub-item "b" shall read:
"f.18.83" GATT/CP.6/4/Add.1
Page 6.
Item 89 The rate of duty in the third column to sub-item "d", "f.50.-",
shall read:
"f.62.78"
Item 123 The rate of duty in the third column to sub-item "ex b", "f.15.13",
shall read: "f.19.-"
Item 153 The rate of duty in the third column to sub-item "a", "f.36.32",
shall read:
"f.45.60"
The supplementary duty in Note 1 to sub-item "a", "f.0.70", shall read:
"f.0.89"
The rate of duty in the third column to sub-item "b", "f.100.-",
shall read:
"f.125.55"
Item 154 The rate of duty "f.254.24" in the third column shall read:
"f.319.20"
Item 155 The rates of duty "f.121.07" and "f.151.33" in the third column shall
read:
"f.152.-" and "f.190.-"
Item 165 The rate of the Netherlands monopoly duty in the Note to this item
"f.2.-" shall read:
"f.2.51"
Item 206 The duty "f.1.82" in the Note (x) to the sub-item "ex b 3" shall read:
"f.2.28"
Item 294 The rates of duty in the third column to this item, "f.2.-"(3x)
and "f.0.10" (3x), shall read:
"f.2.51" and "f.0.13"
Item 661 The rate of duty, "f.0.61" (2x), in the third column shall read:
"f.0.76" GATT/CP.6/4/Add.1
Page 7
Item 662
The rate of duty, "f.1.21" (2x), in the third column shall read:
"f.1.52".
2. Modifications made effective by postal Consultation with the Contracting
Parties (GATT/CP/51)
SCHEDULE XXII - DENMARK
Rectifications to this Schedule are authentic
only in the English language
PART I - Most-Favoured-Nation Tariff
Item ex 8 (the first)
The description shall read as follows:
"Natrium siliciofluoratum, formalin, formaldehyde,
nicotine, pyrethrum - in casks etc. ammonia
without water (in liquid form)"
Item ex 8 (the second)
The description shall read as follows:
"Ammoniumbicarbonate in casks, rennet, formic
acid."
3. Modifications made effective by postal Consultation with the Contracting
Parties (GATT/CP/46/Add.1)
SCHEDULE XXVII - ITALY
Rectifications to this Schedule are authentic
only in the French language
PART I - Most-Favoured-Nation Tariff
The description shall read as follows:
"1) Natural sodium nitrate containing not more than 16.23 per
cent of nitrogen .......................................................................... . . . e . * * * * * * e * * g
Natural sodium nitrate containing not more than 16.23 per cent
of nitrogen is admitted free of duty within the limits of an
annual quota of 500,000 quintals from all countries under
regulations and conditions to be established by the Minister of
Finance, GATT/CP.6/4/Add.1
Page 8
4. Modifications made effective by postal Consultation with the Contracting
Parties (GATT/CP/122/Add.1)
SCHEDULE XX - UNITED STATES
Rectifications to this Schedule are authentic
only in the English language
PART I - Most-Favoured-Nation Tariff
The first sub-description shall read as follows:
"Made from goat, kid, lamb, or sheep skins
(except chamois, garment, and glove leather)"
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